Una teoria pragmaticamente orientata dell'interpretazione giuridica

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Abstract

[automatically translated] The volume deal with the interpretation of fundamental importance for the contemporary legal theory. The starting point of the analysis is to identify a conceptual relationship between interpretation and meaning. The theory of meaning, therefore, assumes the role of key to reconstruct the presupposed ideas semantic interpretation from the main conceptions of the past two centuries (formalism, anti-formalism and mixed theories), but also the central hub for the construction of an alternative theoretical perspective the pragmatically oriented theory. The main idea of this approach, which is based on contemporary semantic perspective of "contextualism moderate", is that the context (in three different ways) is a necessary element of every act of interpretation. Of this approach are developed some basic conditions and some central ideas. They are then listed some of the implications of this theory, concerning the criticism of the traditional opposition between doctrinal and operational interpretation and interpretation between interpretation and application of the law. Finally, the theory is being tested on its explanatory fruitfulness as a frame of reference for the reconstruction of concrete interpretive events. In this connection is taken into account the legal and doctrinal matter concerning the interpretation of the formula "common sense of decency" in Article. 529 cod. pen. concerning the criticism of the traditional opposition between doctrinal and operational interpretation and interpretation between interpretation and application of the law. Finally, the theory is being tested on its explanatory fruitfulness as a frame of reference for the reconstruction of concrete interpretive events. In this connection is taken into account the legal and doctrinal matter concerning the interpretation of the formula "common sense of decency" in Article. 529 cod. pen. concerning the criticism of the traditional opposition between doctrinal and operational interpretation and interpretation between interpretation and application of the law. Finally, the theory is being tested on its explanatory fruitfulness as a frame of reference for the reconstruction of concrete interpretive events. In this connection is taken into account the legal and doctrinal matter concerning the interpretation of the formula "common sense of decency" in Article. 529 cod. pen. In this connection is taken into account the legal and doctrinal matter concerning the interpretation of the formula "common sense of decency" in Article. 529 cod. pen. In this connection is taken into account the legal and doctrinal matter concerning the interpretation of the formula "common sense of decency" in Article. 529 cod. pen.
Original languageItalian
PublisherG. GIAPPICHELLI EDITORE
Number of pages228
ISBN (Print)978-88-348-2716-1
Publication statusPublished - 2012

Publication series

NameAnalisi e diritto

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