Paolo Carnevale

Law, Normative Process and Ambiguity

Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.

Abstract

The author, after having attempted to define 'ambiguity' by distinguishing it from other forms of equivocality of propositions, examines the problem of the ambiguity/law relationship, traditionally anchored to the linguistic and hermeneutic perspectives, tantamount to a new viewpoint: that of the normative decision, i.e. meaning ambiguity itself, not so much as a problem tied to the crafting of normative texts, their application and/or implementation and, above all, interpretation, as a question mainly pertaining to the level of the legislative determination as a 'factor' or 'object' of it. Some figures marked by normative ambiguity are presented from this point of view: a) the ambiguity caused when the proposition is brought into being in the presence of overall conditions giving rise to the equivocal nature thereof; b) resolved ambiguity, which is connoted owing to the fact that it is transformed from factor to substance of the normative decision; c) tactical ambiguity, which marks policies directed toward the same objective, nevertheless pursued in conflicting ways and d) repressed ambiguity, which becomes something to dispel. The resulting picture is that of a review of figures of legislative ambiguity, in which law and legislator, the act and the function of which this is the expression are joined in a same censure, with possible delegitimizing consequences that go far beyond the proposition (the act or policy) taken into consideration, to assume more systemic dimensions.

Preview

Article first page

What do you think about the recent suggestion?

Trova nel catalogo di Worldcat