Ideologies and legal interpretation
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Abstract
Ideology designates initially some processes by which an individual or a group expresses its situation but without knowing or recognizing it: for instance, the class situation of on individual without the individual’s awareness (P. Ricoeur). Today ideology is meant as a fix point of view on the reality that conditions the understanding of it, often with a distorting effect. How is it possible to speak of ideology with reference to legal interpretation? It is possible in all cases in which the interpreter is guided by a political prejudice. In order to demonstrate such thesis, the article shows some interpretations that have been given of norms belonging to the Italian Constitution. The choice is justified because constitutions, more than other laws, incorporate political and ethical values which are specially apt to be interpreted ideologically
Keywords
- Ideology –
- interpretation –
- constitutional interpretation