Francesco Viola

A Deliberative Theory of Judicial Activity?

  • Abstract

Informations and abstract

Keywords: Due Process; Legal Interpretation; Public Deliberation; Adjudication; Law as Social Practice.

The constitutional principle of due process implies an emphasis on the adversarial methodology. In the context of Italian legal doctrine and adjudication this paper considers the hypothesis according to which the interpretation of legal norms must be understood as a form of public deliberation. On the basis of this, the idea that law as a social practice is a special case of a cooperative activity is confirmed.

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