Giovanni Canzio

Uniform interpretation of legislation and judge-made law

  • Abstract

Informations and abstract

Keywords: Uniform Interpretation of Legislation; Judge-Made Law; Precedents; Court of Cassation; Civil Law.

The growing difficulty of the Italian Court of cassation to manage its case law in terms of 'judicial precedent' has deep-rooted reasons. Among these, the idea that the uniform interpretation of national legislation (nomofilachia) can be reduced to a precisely computable amount of legal maxims and the increasing appeal to values in legal reasoning. The Author moves from the assumption that the role of guidance of the Italian Supreme Court is strictly connected with a new approach to uniform interpretation, that is deemed to operate in horizontal and circular terms.

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