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  • Print publication year: 2021
  • Online publication date: December 2020

6 - Classification and Formalization of Interpretative Schemes

Summary

In our previous chapters, we underscored the role of interpretative arguments in the justification of the passage from a legal text to a legal rule (Hage, 1996, 214; Tarello, 1980), where the latter is intended as a normative premise under which an individual case can be “subsumed” or classified (Moreso & Chilovi, 2018). Legal interpretation can be compared to the common understanding and processing of utterances in ordinary conversation (Smolka & Pirker, 2016), in which semantic content is only a vehicle for getting to the “speaker’s meaning,” i.e., what is communicated – a richer content to which semantic “meaning and obvious background assumptions have both contributed” (Soames, 2008, 411; see also Butler, 2016; Carston, 2013; Horn, 1995; Miller, 1990).

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