书目名称 | Interpretation without Truth | 副标题 | A Realistic Enquiry | 编辑 | Pierluigi Chiassoni | 视频video | http://file.papertrans.cn/473/472730/472730.mp4 | 概述 | 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 a | 丛书名称 | Law and Philosophy Library | 图书封面 |  | 描述 | .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, ex | 出版日期 | Book 2019 | 关键词 | Analytical Scepticism; Analytical legal theory; Civil Law, Common Law, and Legal Gaps; Container-Retrie | 版次 | 1 | doi | https://doi.org/10.1007/978-3-030-15590-2 | isbn_ebook | 978-3-030-15590-2Series ISSN 1572-4395 Series E-ISSN 2215-0315 | issn_series | 1572-4395 | copyright | Springer Nature Switzerland AG 2019 |
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