Date: 2023
Type: Article
Interpretation, argumentation, and the determinacy of law
Ratio juris, 2023, Vol. 36 No. 3, pp. 214-241
SARTOR, Giovanni, Interpretation, argumentation, and the determinacy of law, Ratio juris, 2023, Vol. 36 No. 3, pp. 214-241
- https://hdl.handle.net/1814/76332
Retrieved from Cadmus, EUI Research Repository
This article models legal interpretation through argumentation and provides a logical analysis of interpretive arguments, their conflicts, and the resulting indeterminacies. Interpretive arguments are modelled as defeasible inferences, which can be challenged and defeated by counterarguments and be reinstated through further arguments. It is shown what claims are possibly (defensibly) or necessarily (justifiably) supported by the arguments constructible from a given interpretive basis, i.e., a set of interpretive canons coupled with reasons for their application. It is finally established under what conditions such arguments provide single outcomes or rather support alternative interpretive conclusions, thus leading to propositions of law whose truth-value is undetermined.
Additional information:
Published online: 14 July 2023
Cadmus permanent link: https://hdl.handle.net/1814/76332
Full-text via DOI: 10.1111/raju.12389
ISSN: 0952-1917; 1467-9337
Publisher: Wiley
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