Download this Paper Open PDF in Browser

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

21 Pages Posted: 29 Sep 2013  

Bojan D. Spaic

University of Belgrade - Faculty of Law

Date Written: 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.

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

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: https://ssrn.com/abstract=2332187 or http://dx.doi.org/10.2139/ssrn.2332187

Bojan D. Spaic (Contact Author)

University of Belgrade - Faculty of Law ( email )

Bulevar Kralja Aleksandra 67
11000 Belgrade, 11000
Republic of Serbia

Paper statistics

Downloads
309
Rank
81,546
Abstract Views
950