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Law and Philosophy Library

Interpretation without Truth

A Realistic Enquiry

Authors: Chiassoni, Pierluigi

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  • 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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  • ISBN 978-3-030-15590-2
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Hardcover $139.99
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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

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)

Table of contents (11 chapters)

Buy this book

eBook $109.00
price for USA in USD (gross)
  • ISBN 978-3-030-15590-2
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $139.99
price for USA in USD
  • ISBN 978-3-030-15588-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Interpretation without Truth
Book Subtitle
A Realistic Enquiry
Authors
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