The aim of the essay is to put to test some theoretical issues surrounding the topic of “unstated norms”. The underlying assumption is that a reflection on unstated norms is able to bring to the fore several important features of the job of jurists, even when – possibly, most of all when – jurists deny that they are indeed working with unstated norms. At the same time, the notion of unstated norm paves the way to a critical reflection on some conceptual tools often deployed in analytical jurisprudence, such as “interpretation”, “construction”, “legitimate meanings”, and the like. Accordingly, an inquiry on unstated norms may prove a valuable occasion for a more general reflection upon legal interpretation.

Pino, G. (2020). Norme inespresse. ANALISI E DIRITTO, 2020(1), 93-126.

Norme inespresse

Giorgio Pino
2020

Abstract

The aim of the essay is to put to test some theoretical issues surrounding the topic of “unstated norms”. The underlying assumption is that a reflection on unstated norms is able to bring to the fore several important features of the job of jurists, even when – possibly, most of all when – jurists deny that they are indeed working with unstated norms. At the same time, the notion of unstated norm paves the way to a critical reflection on some conceptual tools often deployed in analytical jurisprudence, such as “interpretation”, “construction”, “legitimate meanings”, and the like. Accordingly, an inquiry on unstated norms may prove a valuable occasion for a more general reflection upon legal interpretation.
Pino, G. (2020). Norme inespresse. ANALISI E DIRITTO, 2020(1), 93-126.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11590/383051
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