Interpretation is Understanding and Application: The Case for Concurrent Legal Interpretation

There is growing acceptance in law that meaning is found in application to particular facts and not in advance of application. I call these two accounts of interpretation concurrent interpretation and prospective interpretation, respectively, and, in a discussion of philosophical arguments, explain why interpretation is concurrent interpretation. These arguments also contain valuable guidance on methods of interpretation specifically relevant to the interpretation of legal texts. The case for concurrent interpretation presents a direct challenge to originalists. Therefore, the opportunity is taken to examine closely and challenge the intentionalist thesis propounded by Stanley Fish and others, as a counterpoint to the case for concurrent interpretation