In this chapter I address the topic of cultural constraint of legal interpretation and legal translation starting from a cognitive conception of culture. On this presupposition, I proffer a redefinition of the scope of the ‘cultural’ in legal interpretation and propose a ‘translational’ understanding of legal qualification with specific regard to the construction of the minor premise of the so-called judicial syllogism. On this basis, I illustrate an intercultural semiotic methodology of legal translation and a comparison of it with a critical approach to both comparative law and international private law.
Ricca, M. (2023). Cultural constraints of legal interpretation and legal translation. In Anne Wagner and Aleksandra Matulewska (a cura di), Research Handbook on Jurilinguistics (pp. 389-404). Cheltenham, UK - Northampton (MA), USA : Edward Elgar Publishing Limited [10.4337/9781802207248].
Cultural constraints of legal interpretation and legal translation
Mario Ricca
2023-01-01
Abstract
In this chapter I address the topic of cultural constraint of legal interpretation and legal translation starting from a cognitive conception of culture. On this presupposition, I proffer a redefinition of the scope of the ‘cultural’ in legal interpretation and propose a ‘translational’ understanding of legal qualification with specific regard to the construction of the minor premise of the so-called judicial syllogism. On this basis, I illustrate an intercultural semiotic methodology of legal translation and a comparison of it with a critical approach to both comparative law and international private law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
