Leonardo Marchettoni

Dialogue between the Courts and Judicial Borrowing: An Inferentialist Perspective

  • Abstract

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Keywords: Judicial Borrowing; Dialogue between Courts; Robert Brandom; Inferentialism; Social Networks Analysis.

My aim in this paper is to analyze the so-called dialogue between national and international courts by employing the tools of inferentialist semantics as developed by Robert Brandom. After reviewing the essential features of judicial borrowing, I will introduce some aspects of Brandom's semantics and try to show in what way it can be brought to bear on the dialogue between courts. I will close the discussion by arguing that it is misleading to characterize such interactions as "dialogue".

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