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20 décembre 2012
- doi: 10.4000/revus.146
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Mots-clés
legal interpretation formalist — anti-formalist — eclectic and pragmatically oriented theory of legal interpretation static and dynamic theory of meaning sense — reference — contextSujets proches
Blanks (Forms) Forms, blanks, etc Blank forms Hours (Time) Mind Case Construction Beton Understanding Architectural engineering Construction Buildings--Design and construction Engineering, Architectural Western architecture (Western countries) Building design Construction Buildings--Design and construction Architecture, Western (Western countries)Citer ce document
Vittorio Villa, « A Pragmatically Oriented Theory of Legal Interpretation », Revus, ID : 10.4000/revus.146
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Based on a dynamic approach to the understanding of meaning, the author develops what he calls a pragmatically oriented theory of legal interpretation. This theory differs both from formalistic and anti-formalistic approaches to legal interpretation, for interpretation is, according to the author, at the same time a discovery of some levels of meaning and a construction of other levels of meaning. Meaning is thus understood as a gradual entity, which forms at various levels. It implies both the inter-linguistic dimension (i.e. sense) and the language-world relation (i.e. reference). It is never produced once and for all, but is rather formed progressively, that is, step by step. In this, the context is essential. The context is only provided in a concrete (real or paradigmatic) case, for which we are to interpret a certain legal disposition. For that reason, it is a judge as the interpret of the text who (besides the author of the same text) necessarily contributes to the final definition of its meaning.