Publication | Book Chapter

Theory and Philosophy of Law

An almost pure theory of legal interpretation within legal science

Book title / Magazine:
Legal Interpretation and Scientific Knowledge
LPL Author(s):
Jorge Silva Sampaio
Within the scope of the Project:
Lisbon Legal Theory
Research Areas:
Theory of Law
Bibliographic reference:
Sampaio, J.S. (2019). An Almost Pure Theory of Legal Interpretation within Legal Science. In: Duarte, D., Moniz Lopes, P., Silva Sampaio, J. (eds) Legal Interpretation and Scientific Knowledge. Springer, Cham.
Research Group(s):
Theory and Philosophy of Law
978-3-030-18671-5
Publishing company: Springer
Ano: 2019

Synopsis

The purpose of this article is primarily to shed some light on the question of what we mean by interpretation, to assess whether or not legal interpretation is a scientific operation and whether or not it is possible to obtain legal knowledge in a scientific manner. For this endeavour, firstly, I will lay out a conceptual framework of law and legal science—a soft normativist model. Secondly, I will outline the basis of my theory of legal interpretation, in which I will argue, among other things, for a broad conception of legal interpretation (even if one may distinguish between noetic and dianoetic interpretations), that its object is composed of legal formulations (linguistic conception); that law is only partly or locally indeterminate, which guarantees a high level of scientificity in the cases of determination; and that interpretation is a norm-guided operation involving language rules and legal interpretative norms. Thirdly, I conclude that legal knowledge can be scientific, especially in cases of legal determinacy—clear cases—that it is also possible to make truth propositions about law and that, accordingly, sometimes there is also legal objectivity.

Lisbon Public Law Research Centre

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