8 mars 2013
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Vittorio Villa, « Theory of Legal Interpretation and Contextualism », Revus, ID : 10.4000/revus.2337
In this essay I will attempt to answer the critical observations made by Kristan, Poggi and Vignolo of my theory of legal interpretation. I express the opinion that, apart from some gaps and defects to be addressed, my theory can satisfactorily overcome this criticism. In answering these observations, I again stress the fruitfulness of moderate contextualism as a semantical point of reference for legal interpretation, also striving to deepen the notion of “background context”, and to clarify the differences among four types of interpretative disagreements. I also maintain that the most important and problematic issues in interpretative legal practices today are those which express, as in bioethics, profound intensional divergences.