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  1. Legislation as Legal Interpretation: The Role of Legal Expertise and Political Representation.Attila Mráz - 2022 - In Francesco Ferraro & Silvia Zorzetto (eds.), Exploring the Province of Legislation: Theoretical and Empirical Perspectives in Legisprudence. Dordrecht: pp. 33-56.
    While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to explore some implications of (...)
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  2. Statutory Interpretation: Pragmatics and Argumentation.Douglas Walton, Fabrizio Macagno & Giovanni Sartor - 2021 - Cambridge: Cambridge University Press.
    Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...)
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  3. A Puzzle About Legal Systems and Democratic Theory.Barbara Baum Levenbook - 2020 - Jurisprudence 11 (2):157-168.
    Older statutes sometimes alter the legal content of newer statutes in a way not apparent from the text of the newer statutes. The puzzle is how, even if a new statute is the choice of the current polis, the legal content created in part by the elderly statute is also the choice of the current polis. I consider several possible answers, including a legislative intent account and Dworkin’s, and argue that none of them is satisfactory. I then offer my own (...)
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  4. The Elusive Object of Punishment.Gabriel S. Mendlow - 2019 - Legal Theory 25 (2):105-131.
    All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute's elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and (...)
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  5. Arguments of Statutory Interpretation and Argumentation Schemes.Fabrizio Macagno & Douglas Walton - 2017 - International Journal of Legal Discourse 1 (21):47–83.
    In this paper it is shown how certain defeasible argumentation schemes can be used to represent the logical structure of the most common types of argument used for statutory interpretation both in civil and common law. The method is based on an argumentation structure in which the conclusion, namely, the meaning attributed to a legal source, is modeled as a claim that needs that is be supported by pro and con defeasible arguments. The defeasible nature of each scheme is shown (...)
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  6. An Argumentation Framework for Contested Cases of Statutory Interpretation.Fabrizio Macagno, Giovanni Sartor & Douglas Walton - 2016 - Artificial Intelligence and Law 24 (1):51-91.
    This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...)
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  7. “Soames, Legislative Intent, and the Meaning of a Statute,”.Barbara Baum Levenbook - 2014 - In Graham Hubbs and Douglas Lind (ed.), Pragmatism, Law, and Language, Routledge Studies in Contemporary Philosophy vol. 11. Routledge. pp. 40-55.
    A familiar jurisprudential view is that statutes have the content the legislature intended. Scott Soames has challenged this view in one form while giving credence to it in another. The burden of his recent publications on the subject is that while legislative intent in the form of legislative purpose does not determine statutory content, some legislative intentions do. I maintain that Soames inflates the role of legislative intentions and ignores a source of pragmatic information that does the bulk of the (...)
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  8. Definitions in Law.Fabrizio Macagno - 2010 - Bulletin Suisse de Linguistique Appliquée 2:199-217.
    Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of the (...)
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  9. Practical Reason and Statutory Interpretation.Larry Alexander - 1993 - Law and Philosophy 12 (3):319 - 328.
    I examine the "practical reason" approach to statutory interpretation, according to which the interpreter should look not only to text, legislative history, and other indicia of legislative intent, but also to post-enactment history and current values. I argue that if "practical reason" represents an epistemology of statutory interpretation, its proponents owe us an account of statutory ontology, without which their claims cannot be evaluated. On the other hand, if the practical reason approach claims to be itself an account of statutory (...)
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  10. The Use of Logical Models in Legal Problem Solving.Marek Sergot Robert Kowalski - 1990 - Ratio Juris 3 (2):201-218.
    . The authors describe a logic programming approach to the representation of legislative texts. They consider the potential uses of simple systems which incorporate a single, fixed interpretation of a text. These include assisting in the routine administration of complex areas of the law. The authors also consider the possibility of constructing more complex systems which incorporate several, possibly conflicting interpretations. Such systems are needed for dealing with ambiguity and vagueness in the law. Moreover, they are more suitable than single (...)
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  11. Legal Reasoning as Applied to the Interpretation of Statutes.Michael Alan Reiter - 1969 - Dissertation, The University of Wisconsin - Madison
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