From Presumption to Interpretation
Giuristi dell’Università di Perugia, F. Treggiari (ed.) (Rome, 2009), pp. 217-39
17 Pages Posted: 5 Oct 2016
Date Written: September 30, 2006
Interpretation is one of the broadest headings of legal science, particularly in the continental legal tradition, in which the jurist is identified chiefly as an interpreter. This essay shows how the formation of a general category of interpretation in the late 16th century resulted from the convergence of two separate activities: the interpretation of law and the conjecture or presumption of facts (will). The source is offered by a text from Jacopo Menochio's De praesumptionibus (1587).
Keywords: interpretation, presumption, law of contract
Suggested Citation: Suggested Citation