Legal Interpretation and Scientific Knowledge / edited by David Duarte, Pedro Moniz Lopes, Jorge Silva Sampaio.
2019
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Title
Legal Interpretation and Scientific Knowledge / edited by David Duarte, Pedro Moniz Lopes, Jorge Silva Sampaio.
Added Corporate Author
Edition
1st ed. 2019.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2019.
Description
IX, 251 p. 3 illus. online resource
Formatted Contents Note
The Limited Function of Hermeneutics in Law
An Analytical Foundation of Rule Scepticism
The Politics of Legal Interpretation
Naturalizing Interpretation: A First Approach on "Hardware" and "Software" Determinants of Legal Interpretation
An Almost Pure Theory of Legal Interpretation within Legal Science
Constraining Adjudication: An Inquiry into the Nature of W. Baude's and S. Sachs' Law of Interpretation
When It Is Vague What Is Vague: Identifying Vagueness
Institutional Turn(s) in Theories of Legal Interpretation
Legal Science: The Demarcation Problem and the Perimeter of "Good Science". .
An Analytical Foundation of Rule Scepticism
The Politics of Legal Interpretation
Naturalizing Interpretation: A First Approach on "Hardware" and "Software" Determinants of Legal Interpretation
An Almost Pure Theory of Legal Interpretation within Legal Science
Constraining Adjudication: An Inquiry into the Nature of W. Baude's and S. Sachs' Law of Interpretation
When It Is Vague What Is Vague: Identifying Vagueness
Institutional Turn(s) in Theories of Legal Interpretation
Legal Science: The Demarcation Problem and the Perimeter of "Good Science". .
Summary
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.
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SpringerLink electronic monographs.
Language
English
ISBN
9783030186715
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