- Argues for a skeptical theory of legal interpretation; for an interpretation-sensitive theory of gaps; for an articulated theory concerning the "relevance" of judicial precedents and for a skeptical approach to the defeasibility issue
- Sets out the fundamentals of a general theory of legal interpretation
- Outlines a philosophy of legal interpretation based on the principles of analytical realism
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- About this book
-
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.
- About the authors
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Pierluigi Chiassoni is Professor of Jurisprudence at the University of Genova School of Law and a permanent fellow of Tarello Institute for Legal Philosophy. His jurisprudential interests span from economic analysis of law, history of legal culture and history of analytical jurisprudence, to legal interpretation and human rights.
- Table of contents (11 chapters)
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Introduction: The Path of Analytical Realism
Pages 1-15
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Interpretation, Truth, and the Logical Forms of Interpretive Discourse
Pages 17-48
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Interpretive Games
Pages 49-74
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Taking Context Seriously
Pages 75-102
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Frames v. Containers
Pages 103-123
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Table of contents (11 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Interpretation without Truth
- Book Subtitle
- A Realistic Enquiry
- Authors
-
- Pierluigi Chiassoni
- Series Title
- Law and Philosophy Library
- Series Volume
- 128
- Copyright
- 2019
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer Nature Switzerland AG
- eBook ISBN
- 978-3-030-15590-2
- DOI
- 10.1007/978-3-030-15590-2
- Hardcover ISBN
- 978-3-030-15588-9
- Series ISSN
- 1572-4395
- Edition Number
- 1
- Number of Pages
- VIII, 279
- Topics
