Scientific Interpretation, Decisional Interpretation, Creative Interpretation.
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Abstract
The article critically reviews Riccardo Guastini's theory of legal interpretation, as it is now exposed in the recent book Interpretare e argomentare. While broadly sympathetic with Guastini's jurisprudential project, the author tries to highlight some weaknesses in his conceptual framework - namely, regarding the distinction between "scientific" and "decisional" interpretation, the distinction between interpretation properly understood and creation of new law, and the concept of interpretive creativity.
Keywords
- Legal Interpretation
- Framework of Possible Meanings
- Acknowledging Existing Law vs. Creating New Law
