Cosimo Nicolini Coen

Conditions of Possibility and the Value of Discretion in the Judicial Field

  • Abstract

Informations and abstract

Keywords: Legal Interpretation; Robert M. Cover; Theory of Meaning; Hermeneutic and Judicial Responsibility; Intersubjectivity.

What are the conditions of possibility of judicial discretion? In this paper this question is articulated in reference to the constitutional field. It is argued that those conditions of existence lie in the nature of the normative text and of its comprehension. From this point it is recognizable the connection between the judicial interpretations and those proposed by the nomic communities. But which values, if any, justify their existence? The multiplicity of readings could bring to a quite conflictual condition. This conflict reveals the degree of responsibility in the judicial interpretation. More radically, this condition of division of constitutional opinions sheds light on the intersubjective condition of every normative comprehension.

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