Interpretation without Truth

Released on by Pierluigi Chiassoni
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  • Interpretation without Truth Book Detail

  • Author : Pierluigi Chiassoni
  • Release Date : 2019-06-12
  • Publisher : Springer
  • Genre : Law
  • Pages : 279
  • ISBN 13 : 3030155900
  • File Size : 53,53 MB
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Interpretation without Truth by Pierluigi Chiassoni PDF Summary

Book Description: 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.

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Interpretation without Truth

Interpretation without Truth

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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, j

Hermeneutics

Hermeneutics

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Is anything ever not an interpretation? Does interpretation go all the way down? Is there such a thing as a pure fact that is interpretation-free? If not, how a