Ombretta di Giovine

What’s New, Misunderstood and Outdated in Italian Criminal Hermeneutics

  • Abstract

Informations and abstract

Keywords: Legal Hermeneutics, Criminal Law, Principles, Rules, Facts.

In the first part, after a very summary reconstruction of the general cultural context which highlights the specificity of the prevailing attitude in criminal law, we summarize the arguments for and against the entry of the hermeneutics address in this field. In the remaining parts, we test the force and the relevance of hermeneutic concepts. In particular, we try to explain: on one hand, the reason why the interpretation of the criminal law sometimes seems to unfold on the text no more of the laws but of the judgments, neglecting the so-called practise of principles; on the other hand, the reason why in many disciplines the text of the law has been overtaken by the fact.

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