Search results for "Expressivism"

Deep Interpretive Disagreements and Theory of Legal Interpretation

2016

This paper deals with deep interpretive disagreements (DID): very profound divergences that may occur in legal interpretation (on single cases, or on similar cases) among judges and jurists. These divergences involve alternative interpretations of certain expressions or phrases (for instance, “human person”, “dignity”, “personal autonomy”, “life”, “health”) and may lead, under certain conditions, to incompatible interpretations of the legal sentences that incorporate these expressions. The most important examples of this kind of legal sentences are constitutional provisions that express principles asserting legal rights. The main thesis of this paper is that DID represent genuine, faultless…