Tarello Institute for Legal Philosophy

:: Publications :: The Book Symposium on Pierluigi Chiassoni, “Interpretation Without Truth” (Springer, 2019) has been published in Jurisprudence, vol. 13, 1 (2022).

The Symposium includes contributions from Timothy Endicott, Brian H. Bix, Frederick Schauer, Alessio Sardo & Giovanni Tuzet, and Damiano Canale, as well as a reply to the critics by the author.

You can find the full symposium and contributions here.

Pierluigi ChiassoniInterpretatation without Truth. A Realistic Enquiry (Springer, 2019) engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation – pragmatic realism – by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Further information is available at this website.