DICIOTTI, ENRICO

The outcome of interpretation of normative legal texts is the identification of
norms. In order to analyse such interpretation, we need to distinguish among different
forms of interpretive activities and among different types of norms which
can be identified through those activities. In this essay, I outline: 1) three possibile
forms of interpretation, that is acontextual (or literal) interpretation, contextual
(or subjective) interpretation, and “legal construction of norms”; 2) four types
of norms which can be identified by interpretation, that is possible acontextually
expressed norms, possible contextually expressed norms, unexpressed implicit
norms, and unexpressed norms which are identifiable by “legal construction”.
Moreover, I distinguish among four types of equivocity of normative texts and I
use this distinction to highlight some shortcomings of some skeptical theories of
interpretation

Equivocità dei testi normativi, norme espresse e norme inespresse

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