Abstract

http://ssrn.com/abstract=2332187
 


 



Emilio Betti's Legal Hermeneutics: Between a Theory of Legal Interpretation and a Hermeneutical Theory of Law


Bojan D. Spaic


University of Belgrade - Faculty of Law

September 22, 2012


Abstract:     
This paper is a reevaluation of the position of the Italian jurist Emilio Betti in the tradition of the hermeneutical philosophy of law. I argue that Betti should be considered to be a part of that tradition by analysing the elements of a hermeneutical theory of law in his theory of legal interpretation and general theory of interpretation. Furthermore, I challenge the claims by Antonin Scalia in Reading Law about the novelty and originalist provenience of the canons of interpretation/construction by elaborating Betties view on basic canons of interpretation in general.

Number of Pages in PDF File: 21

Keywords: interpretation, hermeneutics, jurisprudence, Betti, Kaufman, Dworkin, Esser, originalism, Scalia, canons of interpretation

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Date posted: September 29, 2013  

Suggested Citation

Spaic, Bojan D., Emilio Betti's Legal Hermeneutics: Between a Theory of Legal Interpretation and a Hermeneutical Theory of Law (September 22, 2012). Available at SSRN: http://ssrn.com/abstract=2332187 or http://dx.doi.org/10.2139/ssrn.2332187

Contact Information

Bojan D. Spaic (Contact Author)
University of Belgrade - Faculty of Law ( email )
Bulevar Kralja Aleksandra 67
11000 Belgrade, 11000
Republic of Serbia
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