Common usage, presumption and verisimilitude in sixteenth-century theories of juridical interpretation

History of European Ideas 43 (5):401-415 (2017)
  Copy   BIBTEX

Abstract

ABSTRACTThe question of how common usage could be constitutive for the meaning of linguistic expressions has been discussed by Renaissance philosophers such as Lorenzo Valla, and it also played an important role in Renaissance theories of juridical interpretation. An aspect of the analysis of common usage in Renaissance theories of juridical interpretation that concerns the role of presumption has not yet found much attention. Renaissance jurists such as Simone de Praetis, Nicolaus Everardus, and Aimone de Cravetta saw that both the usage of Latin by practitioners of law and the vernacular common usage of ordinary people often differed from the technical definition of legal concepts as laid down by ancient jurists or modern legislators. In some cases, they ascribed both to Latin and to vernacular common usage the power of changing the meaning of juridical terms. Still, they were aware of the fact that matters of common usage involve always a degree of uncertainty. The methodological notion of presumption is one of the concepts that figured most prominently in Renaissance approaches to the problem of uncertainty, and, in particular, it was applied in the analysis of meaning-change of legal concepts through common usage.

Similar books and articles

Popper's account of acceptability.R. G. Swinburne - 1971 - Australasian Journal of Philosophy 49 (2):167 – 176.
Verisimilitude based on concept analysis.Ewa Orłowska - 1990 - Studia Logica 49 (3):307 - 320.
What shall we do with verisimilitude?Ilkka Niiniluoto - 1982 - Philosophy of Science 49 (2):181-197.
Scientific progress without increasing verisimilitude: In response to Niiniluoto.Darrell Patrick Rowbottom - 2015 - Studies in History and Philosophy of Science Part A 51:100-104.
Point-Free Geometry and Verisimilitude of Theories.Giangiacomo Gerla - 2007 - Journal of Philosophical Logic 36 (6):707-733.
What is Wrong with Verisimilitude.Joseph Wayne Smith - 1984 - Philosophy Research Archives 10:511-541.
Computing Verisimilitude.Katarina Britz & Chris Brink - 1995 - Notre Dame Journal of Formal Logic 36 (1):30-43.
Approximate truth and scientific realism.Thomas Weston - 1992 - Philosophy of Science 59 (1):53-74.
Rethinking the presumption of atheism.Keith Burgess-Jackson - 2018 - International Journal for Philosophy of Religion 84 (1):93-111.

Analytics

Added to PP
2017-10-25

Downloads
265 (#71,241)

6 months
95 (#37,848)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Andreas Blank
Alpen-Adria Universität Klagenfurt

Citations of this work

Add more citations

References found in this work

No references found.

Add more references