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
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
Date posted: September 29, 2013