Interpretation without truth : a realistic enquiry / Pierluigi Chiassoni.
2019
K235
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Details
Title
Interpretation without truth : a realistic enquiry / Pierluigi Chiassoni.
Author
Chiassoni, Pierluigi.
ISBN
9783030155902 (electronic book)
3030155900 (electronic book)
3030155889
9783030155889
3030155900 (electronic book)
3030155889
9783030155889
Publication Details
Cham, Switzerland : Springer, 2019.
Language
English
Description
1 online resource
Call Number
K235
Dewey Decimal Classification
340/.115
Summary
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.-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Access limited to authorized users.
Series
Law and philosophy library ; v. 128.
Available in Other Form
Print version: 9783030155889
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