Aniello Nappi

Interpretation and Judicial Review: Norms, Contract, Facts

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Abstract

The article focuses on the distinction between reasoning on facts and reasoning on the law of the case in the adjudication of the Italian Court of cassation. This distinction plays a relevant role in the proceedings of the Court but is sometimes not easy to draw. On the basis of speech acts theory, the article provides some insights on this issue by considering a number of cases in which the distinction between the two kinds of reasoning is puzzling.

Keywords

  • Interpretation
  • Contracts
  • Collective Labour Agreements
  • Customary Law
  • Causation in Law

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