Analogical Reasoning and Extensive Interpretation

Archiv für Rechts- und Sozialphilosophie, 102(4), 2016

Bocconi Legal Studies Research Paper No. 2887922

15 Pages Posted: 21 Dec 2016

See all articles by Giovanni Tuzet

Giovanni Tuzet

Bocconi University - Department of Law

Damiano Canale

Bocconi University - Department of Law

Date Written: December 20, 2016

Abstract

Extensive interpretation of legal provisions is in tension with the prohibition of reasoning by analogy in criminal law, for it is unclear what the difference is between the two.

Some scholars claim that they differ from a theoretical point of view, since they do not have the same argumentative structure. On the other hand, the two come to the same result starting from the same legal materials: they justify the extension of a regulation to a case that is not explicitly considered by the law.

The paper deals with this issue discussing a recent Italian case (the “Vatican Radio case”) and proposes an account of the distinction between the two based upon the principle of semantic tolerance and its inferential structure in legal argumentation.

Keywords: Analogical Reasoning, Criminal Law, Extensive Interpretation, Inferentialism

Suggested Citation

Tuzet, Giovanni and Canale, Damiano, Analogical Reasoning and Extensive Interpretation (December 20, 2016). Archiv für Rechts- und Sozialphilosophie, 102(4), 2016; Bocconi Legal Studies Research Paper No. 2887922. Available at SSRN: https://ssrn.com/abstract=2887922

Giovanni Tuzet (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

Damiano Canale

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

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