Unstated Norms

Abstract

The aim of the essay is to put to test some theoretical issues surrounding the topic of “unstated norms”. The underlying assumption is that a reflection on un- stated norms is able to bring to the fore several important features of the job of jurists, even when – possibly, most of all when – jurists deny that they are indeed working with unstated norms. At the same time, the notion of unstated norm paves the way to a critical reflection on some conceptual tools often deployed in analytical jurisprudence, such as “interpretation”, “construction”, “legitimate meanings”, and the like. Accordingly, an inquiry on unstated norms may prove a valuable occasion for a more general reflection upon legal interpretation.