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The Italian Legal SystemAn Introduction, Second Edition$
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Michael A. Livingston, Pier Giuseppe Montaneri, and Francesco Parisi

Print publication date: 2015

Print ISBN-13: 9780804774956

Published to Stanford Scholarship Online: May 2016

DOI: 10.11126/stanford/9780804774956.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 19 September 2021

The Italian Style: Interpretation

The Italian Style: Interpretation

(p.218) Chapter Seven The Italian Style: Interpretation
The Italian Legal System

Michael A. Livingston

Pier Giuseppe Monateri

Francesco Parisi

, Mauro Capelletti, John Henry Meryman, Joseph M. Perillo
Stanford University Press

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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