Interpretation without truth : a realistic enquiry / Pierluigi Chiassoni.

Interpretation without truth : a realistic enquiry / Pierluigi Chiassoni.

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This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Springer,

SpringerLink (Online service)

https://link.springer.com/book/10.1007/978-3-030-15590-2

1 online resource (viii, 279 p.)

eng

a

Publisher's Web site. Access restricted to the University of Catania community.

10.1007/978-3-030-15590-2 doi

3030155889

9783030155889

9783030155902 (electronic bk.)

3030155900 (electronic bk.)

3030155889

9783030155889

Law and Philosophy Library ; v.128

Law and philosophy library ; v. 128.