The Study On Owen M.Fiss’ S Legal Interpretation Thoughts

The legal interpretation that is an important issue of application of law.Because of a lot of standards, such as respect of legal provisions, on the legislation spirit, moral standards, reference to calculate costs and benefits or maintain the tradition of the rule of law and so on, it is difficult for interpreter to draw a judgment that is correct, impartial, acceptable and authority lossless when interpreting law. For this reason, many legal experts, such as Hart, Mccormick, Dworkin, Habermas, Posner, Fish and Fiss, try to construct a interpretation method and system that is self-contained but not violating the objectivity of legal interpretation. However, they can not get it.On the basis of the core and edge of legal interpretation of Hart, the construction of Dworkin, the efficiency and homogeneity of Posner and Habermas’ s dialogue theory and so on, Owen Fiss present theory that insist on the limited objectivity of legal interpretation.In this paper, the author attempts to explain Fiss’ s legal interpretation idea systematically for the reason that as an important member of USA law theory and practice, the thought of Fiss can not be ignored; at the same time, Fiss’ s thought of legal interpretation needs combing and present systematically.In addition to the introduction and conclusion, this paper consists of four parts.In the introduction, the author takes the legal interpretation for the introduction to the limited objectivity of legal interpretation of Fiss, and roughly summarizes the domestic and foreign research about it.In the first part, the author mainly introduces the Fiss and the history of the change of his thought about legal interpretation.Professor Fiss,from the Yale University, whose works covers a wider area, but the thought of interpretation of the law is through his occupation career. U.S. law reform directly affect the evolution of the thought.The era background and theory origin of the interpretation are main of the second part of this paper.Changes in the Federal Supreme Court is landmark of Fiss’ s interpretation of law thought;the evolution in Warren, Berg and Rehnquist Court is the era background, and the philosophy, philosophical hermeneutics thought in the period provide an important fulcrum for Fiss interpretation of law thought,especially Habermas, Taylor, Fish.In The third part of this article,the author mainly analyze the contents of the thought of the legal interpretation of Fiss. First of all, the core of the thought of legal interpretation of Fiss is the limited objectivity of legal interpretation, the key element is the explaining rules and the interpretive community, and the specificity of law is important supplements to his view of limited objectivity. Secondly, Fiss’ s view of judicial, justice and values provides basic support to his limited objectivity theory of interpretation for the law. Again, the public reason, as the methods and results,is the dynamic criteria of legal interpretation.In The fourth part of this paper, the author mainly discusses the contribution and insufficiency of the legal thought of Fiss, and campares laterally and evaluate the limited objectivity theory of Fiss. In background that redefining public value, such as the freedom, equality, fairness, is urgent, Fiss advance the meaning of legal justice. Although the limited objectivity theory of legal interpretation has obvious shortcomings, however, compared with intent interpretation, mechanical interpretation and criticism of interpretation, its advantage is obvious.In The final part of this paper,the author mainly summarizes the content of the full text. The author thinks, the limited objectivity of legal interpretation is the only answer that can we pursue.At the same time, the interpretation of the law is a highly practical activities, the theory of legal interpretation needs to be perfected in practice.