The Italian Style: Interpretation
The Italian Style: Interpretation
This chapter—arguably the grandest in the book—traces the Italian style as it affects legal interpretation. It describes the difference between the “folklore” of interpretation, under which the judge is merely the mouthpiece of the statute, and the actual practice, in which the judge’s values, beliefs, and attitudes inevitably affect the outcome of cases. The core of the chapter is devoted to the work of three scholars—Emilio Betti, Tullio Ascarelli, and Piero Calamandrei—who attempted to resolve this problem, the last with an ambitious theory regarding the need to update interpretation to meet the demands of a democratic society. The chapter concludes with a brief section that summarizes the themes of the book as a whole.
Keywords: legal interpretation, Betti, Ascarelli, Calamandrei, democratic society
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