Legal Interpretation And Scientific Knowledge

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This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Author(s): David Duarte, Pedro Moniz Lopes, Jorge Silva Sampaio
Publisher: Springer
Year: 2019

Language: English
Pages: 253
Tags: Legal Interpretation, Scientific Knowledge

Front Matter ....Pages i-ix
The Limited Function of Hermeneutics in Law (Jaap Hage)....Pages 1-11
An Analytical Foundation of Rule Scepticism (Riccardo Guastini)....Pages 13-27
The Politics of Legal Interpretation (Giorgio Pino)....Pages 29-45
Naturalizing Interpretation: A First Approach on “Hardware” and “Software” Determinants of Legal Interpretation (Pedro Moniz Lopes, Raquel Franco)....Pages 47-79
An Almost Pure Theory of Legal Interpretation within Legal Science (Jorge Silva Sampaio)....Pages 81-139
Constraining Adjudication: An Inquiry into the Nature of W. Baude’s and S. Sachs’ Law of Interpretation (Izabela Skoczeń)....Pages 141-159
When It Is Vague What Is Vague: Identifying Vagueness (Ana Escher)....Pages 161-186
Institutional Turn(s) in Theories of Legal Interpretation (Bojan Spaić)....Pages 187-209
Legal Science: The Demarcation Problem and the Perimeter of “Good Science” (David Duarte)....Pages 211-251