A Marginal Note

Authors

  • Riccardo Guastini Tarello institute for the Philosophy of Law, University of Genoa

Keywords:

In abstracto interpretation, In concreto interpretation, Cognitive interpretation, Adjudicative interpretation, Legal construction, Unexpressed norms, Frame of admissible and accepted interpretations, Legal reasoning

Abstract

The author briefly discusses some issues about interpretation arising from the preceding essays. In particular: the distinction between in abstracto and in concreto interpretation; the distinction between cognitive and adjudicative interpretation; the (twofold) frame of the admissible and, respectively, accepted interpretations; the peculiarities of the reasoning by which unexpressed norms are constructed by legal scholars (and judges).

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Published

2020-09-16

Issue

Section

Unexpressed Norms. A Debate