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RESEARCH PRODUCT

Theory of Legal Interpretation and Contextualism. Replies to Kristan, Poggi and Vignolo

Vittorio Villa

subject

MeaningSettore IUS/20 - Filosofia Del DirittoInterpretation (philosophy)ContextualismContext (language use)BioethicsEpistemologyMeaning (philosophy of language)Legal InterpretationBackground ContextCriticismContextualismSociologyLaw

description

In this essay I will attempt to answer the critical observations made by Kristan, Poggi and Vignolo of my theory of legal interpretation. I express the opinion that, apart from some gaps and defects to be addressed, my theory can satisfactorily overcome this criticism. In answering these observations, I again stress the fruitfulness of moderate contextualism as a semantical point of reference for legal interpretation, also striving to deepen the notion of “background context”, and to clarify the differences among four types of interpretative disagreements. I also maintain that the most important and problematic issues in interpretative legal practices today are those which express, as in bioethics, profound intensional divergences.

yearjournalcountryeditionlanguage
2012-12-10
http://hdl.handle.net/10447/71563