Many legal theories emphasize that law has to be interpreted coherently. Otherwise, it could not fulfil its task of guiding human behaviour, and it would not treat its addressees with dignity (Lon Fuller, Ronald Dworkin, Jeremy Waldron, and many others). Yet, the very possibility of coherent interpretations is at stake in the face of fundamental social conflicts (be it value-based, religious, or in identity politics). But on the other hand, the action-guiding function of law just may require a plurality of interpretations, as this is the only way the principle of legality can operate in a society. Hence, coherent interpretations wouldn’t be necessary at all. Against the background of these tensions, the special workshop aims at reflecting upon the connections between collective agency, function(s) of law und legal interpretation. It strives to gain a better understanding of the principle of legality, being an expression as well as a measure of social activity.
function(s) of law und legal interpretation. It strives to gain a better understanding of the principle of legality, being an expression as well as a measure of social activity.Contributions may discuss substantial questions as well as particular theories of authors like those mentioned above. We are particularly interested in papers based on interpretive (or hermeneutic) accounts, but critical views upon these accounts are also very welcome. Since certain manifestations of the principle of legality are an essential component of constitutional law in many legal orders (such as legal certainty, protection of legitimate expectations, clarity of norms), these aspects can also be included. Questions of legality are particularly significant in legal systems in which constitutional democracy is declining, becoming autocratic and afflicted with deep ideological disagreements. We also welcome papers whose conceptual analyses relate to such institutional practices.

We invite prospective participants to submit a proposal. Abstracts (about 300 words) should be sent to andreas.funke@fau.de and solyom.peter@law.unideb.hu. Participants are expected to circulate a final paper 3 weeks before the conference. An edited volume of the papers is not planned, but may still be initiated depending on the participant’s motivation.