PUBLISHING | BOOK

Theory and Philosophy of Law

Legal interpretation and scientific knowledge

Book title / Magazine:
Legal Interpretation and Scientific Knowledge
External Editor(s):
David Duarte
Within the scope of the Project:
Lisbon Legal Theory
Research Areas:
Theory of Law
Bibliographic reference:
Duarte, David ; Moniz Lopes, Pedro & Silva Sampaio, Jorge (eds.) (2019). Legal Interpretation and Scientific Knowledge. Springer Verlag.
Research Group(s):
Theory and Philosophy of Law
Hardcover: 978-3-030-18670-8 ; Softcover: 978-3-030-18673-9 ; eBook : 978-3-030-18671-5
Publishing company: Springer
Ano: 2019

Synopsis

This book discusses the question of whether legal interpretation is a scientific activity.The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions.In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Lisbon Public Law Research Centre

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