Clarifications Around the Notion of Intepretive Correction

Abstract

Pierluigi Chiassoni’s analysis of the concept of interpretative correctness is an important contribution to the discussion on the different conceptions of legal interpretation. In these pages, I will examine his reconstruction of the concept and highlight some additional distinctions that I believe should be taken into account in order to draw conclusions regarding the debate. In particular, I will propose to distinguish between an internal and an external sense of the notion of ideological correctness and a broad and a restrictive sense of the notion of methodological correctness, and I will emphasize the need to separate the analysis of interpretative correctness into the level of abstract interpretation and the level of concrete interpretation. These clarifications will enable me to reassess the scope of the theses put forward by the three traditional conceptions of legal interpretation.