Overview
- Analyses analytically the legal interpretation methodological task
- Discusses generally the subject of scientific knowledge and legal interpretation
- Addresses some aspects regarding interpretation as well as legal science still to explore
- Discusses one of the most important theory of law issues which has been neglected by legal scholars
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About this book
The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions.
In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified(at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
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Keywords
Table of contents (9 chapters)
Editors and Affiliations
About the editors
Pedro Moniz Lopes is an Assistant Professor of Public Law at the University of Lisbon – Law School, a Main Researcher at CIDP—Lisbon Centre for Research in Public Law and member of LxLTG (Lisbon Legal Theory Group). He graduated, earned his Masters and completed his PhD at the University of Lisbon – Law School where he has been lecturing since 2008. His main fields of research are legal theory and legal science, constitutional and administrative law and human rights. He is the executive director of e-Pública law journal of the Lisbon Centre for Public Law.
Jorge Silva Sampaio is a Ph.D. researcher and a guest lecturer at the University of Lisbon School of Law, an associate researcher at CIDP—Lisbon Centre for Research in Public Law and member of LxLTG (Lisbon Legal Theory Group). His main fields of research are legal theory and legal science, constitutional and administrative law and human rights.
Bibliographic Information
Book Title: Legal Interpretation and Scientific Knowledge
Editors: David Duarte, Pedro Moniz Lopes, Jorge Silva Sampaio
DOI: https://doi.org/10.1007/978-3-030-18671-5
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-18670-8Published: 08 October 2019
Softcover ISBN: 978-3-030-18673-9Published: 08 October 2020
eBook ISBN: 978-3-030-18671-5Published: 25 September 2019
Edition Number: 1
Number of Pages: IX, 251
Number of Illustrations: 3 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Applied Linguistics, Methodology of the Social Sciences