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  1. Naturalizing Interpretation: A First Approach on “Hardware” and “Software” Determinants of Legal Interpretation.Pedro Moniz Lopes & Raquel Franco - 2019 - In David Duarte, Pedro Moniz Lopes & Jorge Silva Sampaio (eds.), Legal Interpretation and Scientific Knowledge. Springer Verlag. pp. 47-79.
    In matters such as legal interpretation, analytical legal theory has long focused on the structure of thought rather than on the psychological process of thinking. In doing so, despite accepting that interpreting is a psychological process, linguistic and logical analysis was favored in lieu of sociological, psychological and behavioral enterprises. This is mainly because the latter—dubbed, at the best possible scenario, “soft core science”—contradicted, in his predictive aim, the paradigm of the “free-willed rational man” that ALT presupposed. But here is (...)
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  2. The Politics of Legal Interpretation.Giorgio Pino - 2019 - In David Duarte, Pedro Moniz Lopes & Jorge Silva Sampaio (eds.), Legal Interpretation and Scientific Knowledge. Springer Verlag. pp. 29-45.
    Is legal interpretation a kind of scientific enterprise? Can there be such a thing as a ‘scientific interpretation’ in the law? And why do such questions matter? Are they even worth asking? My aim in this essay is to look into questions of this sort, in order to show, ultimately, that legal interpretation belongs less to the realm of science than to the realm of politics: legal interpretation, I will argue, is an intensely evaluative and decisional activity rather than a (...)
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