Understanding Intergenerational Equity through the Prism of Legal Interpretivism: Some Reflections

This article explores how legal interpretivism offers a robust framework for addressing intergenerational equity in contemporary jurisprudence. Drawing on sophisticated accounts of interpretivist theory, particularly the distinction between hybrid and pure interpretivism, this article argues that pure interpretivism's emphasis on moral principles determining how institutional practice affects legal rights provides courts with the theoretical foundation needed to consider the interests of future generations. Through analysis of evolving case law, particularly in climate litigation, this article demonstrates how judges are already engaging in interpretivist reasoning when addressing intergenerational equity concerns. The article contributes to ongoing debates about the grounds of law and judicial methodology in addressing long-term, global challenges like sustainability and climate change, arguing that pure interpretivist approaches offer both theoretical coherence and practical solutions for protecting future generations’ interests while maintaining legal legitimacy.