Franco Gallo

Discussing Giuseppe Zaccaria's «La comprensione del diritto»

  • Abstract

Informations and abstract

Keywords: Legal Interpretation, Interpretative Community, Balancing, Judge-made Law.

The author underlines that Zaccaria assumes as a theoretical premise of his book that law is a social experience: a cooperative activity, aimed to fulfill its own values by setting up fair models of action. He also highlights that Zaccaria is inclined to commensurate the rationality of the interpretation to tradition. The rationality of that process is assured by the so called «interpretative community», which should be built through the definition of interpretative customs. The author expresses some doubts about content and purpose of the notion of «interpretative community» and identifies three major dangers for a judicial hermeneutic of the Constitution.

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