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Legal Reasoning and New Instances of Private Law

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Keywords: Private Law; Argumentation; Interpretation; Legal Method; Legal Reasoning

The essay deals with the evolving relationship between new necessities emerging in private law domain and the consequences for legal reasoning, with an emphasis on the contribution from legal hermeneutics. More generally, the argument develops from the necessity of an integration between the interpretative and the argumentative elements, grounding on the growing convergence between analytical and hermeneutical approaches in contemporary legal theory. This is needed at a methodological as well as at a cultural level in order to face the new challenges that private law must confront in a legal world presenting different features from the past

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