Abstract

TROPER, Michel. A Realistic Theory of Interpretation. Iuris Dictio [online]. 2020, n.25, pp.125-139. ISSN 2528-7834.

This article proposes a realistic theory of interpretation whose distinctive feature is the idea that interpretation is an activity related to will and not to knowledge. Its object is statements or facts, not norms in the strict sense. Legal interpretation, as an “authentic interpretation”, is tendentially free and constitutive of its validity, although it is also subject to various “legal constraints” that limit the activity of the interpreter.

Keywords : Legal interpretation; Legal realism; Legal constraints..

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