After the publication of the volume about Emilio Betti 2005, entitled: Juridical decision making, the intervention by invitation to the conference held at the National Institute of Roman Studies, in Rome, confirms the author's approach - today shared by many national literature ( cfr. Giuliano Crifò', Paolo Mari, Vincenzo Marinelli) and international (Ireneusz Korzienowski) - according to which the Juridical-Hermeneutics-Methodology by Emilio Betti is not born and developed in the large territory of 'philosophical hermeneutics’, but rather is intended as a Methodology for Hermeneutics valid for all fields of knowledge that Betti will develop in his Teoria Generale dell'Interpretazione, 1995, celebrated in the conference. The juridical interpretation of Betti, in fact, overcomes the problem posed by Hans Georg Gadamer, according to the solution of the search for truth can only be found in a “miracle”, while the methodology of the jurist provides to hermeneutics that is valid for all fields of knowledge an instrument for making the choice between the possible solutions. The legal interpretation, in fact, among all forms of interpretation is the one that is characterized by the need of the application. In the law we interprete to apply. This specificity of the legal and the lawyer becomes the real new of the Teoria Generale dell'Interpretazione of Emilio Betti.

Ermeneutica, politica e giurisprudenza nella teoria del diritto di Emilio Betti

PETRILLO, Francesco
2010

Abstract

After the publication of the volume about Emilio Betti 2005, entitled: Juridical decision making, the intervention by invitation to the conference held at the National Institute of Roman Studies, in Rome, confirms the author's approach - today shared by many national literature ( cfr. Giuliano Crifò', Paolo Mari, Vincenzo Marinelli) and international (Ireneusz Korzienowski) - according to which the Juridical-Hermeneutics-Methodology by Emilio Betti is not born and developed in the large territory of 'philosophical hermeneutics’, but rather is intended as a Methodology for Hermeneutics valid for all fields of knowledge that Betti will develop in his Teoria Generale dell'Interpretazione, 1995, celebrated in the conference. The juridical interpretation of Betti, in fact, overcomes the problem posed by Hans Georg Gadamer, according to the solution of the search for truth can only be found in a “miracle”, while the methodology of the jurist provides to hermeneutics that is valid for all fields of knowledge an instrument for making the choice between the possible solutions. The legal interpretation, in fact, among all forms of interpretation is the one that is characterized by the need of the application. In the law we interprete to apply. This specificity of the legal and the lawyer becomes the real new of the Teoria Generale dell'Interpretazione of Emilio Betti.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11695/10794
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