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  1.  29
    The Opacity of Law: On the Hidden Impact of Experts’ Opinion on Legal Decision-making.Damiano Canale - 2021 - Law and Philosophy 40 (5):509-543.
    It is well known that experts’ opinion and testimony take on a decisive weight in judicial fact-finding, raising issues and perplexities that have long been under scholarly scrutiny. In this paper I argue that expert’s opinions have a much wider impact on legal decision-making. In particular, they may generate a problem that I will call ‘the opacity of law’. A legal text, such as a statute or regulation, becomes opaque if a legal authority is not able to grasp its full (...)
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  2.  25
    A blind spot in the theories of legal interpretation.Damiano Canale - 2022 - Jurisprudence 13 (1):130-138.
    Interpretation without Truth is the result of thirty years of research that Pierluigi Chiassoni has devoted to legal interpretation and legal reasoning. More generally, the book represents one of t...
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  3.  92
    On the Contrary: Inferential Analysis and Ontological Assumptions of the A Contrario Argument.Damiano Canale & Giovanni Tuzet - 2008 - Informal Logic 28 (1):31-43.
    We remark that the A Contrario Argument is an ambiguous technique of justification of judicial decisions. We distinguish two uses and versions of it, strong and weak, taking as example the normative sentence “Underprivileged citizens are permitted to apply for State benefit”. According to the strong version, only underprivileged citizens are permitted to apply for State benefit, so stateless persons are not. According to the weak, the law does not regulate the position of underprivileged stateless persons in this respect. We (...)
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  4.  64
    What is the Reason for This Rule? An Inferential Account of the Ratio Legis.Damiano Canale & Giovanni Tuzet - 2010 - Argumentation 24 (2):197-210.
    Several legal arguments use the notion of ratio legis in order to sustain a normative conclusion, in particular the argument from analogy and some forms of teleological argumentation. However, determining the ratio is often a difficult and controversial task. In this paper we look firstly at the speech acts typically performed by legal practitioners in order to determine the ratio and, secondly, we take into account the argumentative commitments they undertake in so doing and the argumentative constraints put on them. (...)
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  5.  83
    (1 other version)On Legal Inferentialism. Toward a Pragmatics of Semantic Content in Legal Interpretation?Damiano Canale & Giovanni Tuzet - 2007 - Ratio Juris 20 (1):32-44.
    In this paper we consider whether a pragmatics of semantic content can be a useful approach to legal interpretation. More broadly speaking, since a pragmatic conception of meaning is a component of inferential semantics, we consider whether an inferentialist approach to legal interpretation can be useful in dealing with some problems of this important aspect of law. In other words, we ask whether Legal Inferentialism is a suitable conception for legal interpretation. In Section 1 we briefly consider the semantics/pragmatics debate (...)
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  6.  46
    (1 other version)The a simili argument: An inferentialist setting.Damiano Canale & Giovanni Tuzet - 2009 - Ratio Juris 22 (4):499-509.
    The A Simili Argument draws the conclusion that a target case has a normative property Q since it shares a relevant property P with a source case. It can be seen as a complex inference constituted by three inferential steps: An abduction of the relevant property P , an induction of the class having that property, and a deduction of the target's having property Q . A major problem of this argument is the characterization of the property relevance. The standard (...)
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  7.  45
    Consequences of pragmatic conceptualism: On the methodology problem in jurisprudence.Damiano Canale - 2009 - Ratio Juris 22 (2):171-186.
    Abstract. The purpose of this paper is to address some of the main issues of contemporary jurisprudential methodology by considering the contribution of Jules Coleman to this subject. After a description of Coleman's methodological approach and a clarification of its philosophical background, the paper focuses on some related problems, such as the relation between linguistic meaning and conceptual content, the nature of legal concepts, the different aspects of the normativity of content, and the revisability of conceptual truths.
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  8.  25
    What the legislature did not say.Damiano Canale & Giovanni Tuzet - 2016 - Journal of Argumentation in Context 5 (3):249-270.
    The paper is about the uses of the argument from legislative counterfactual intention, in the field of legal interpretation and argumentation. After presenting the argument from intention in general, it distinguishes the varities of the argument from counterfactual legislative intention and discusses their justification conditions.
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  9.  30
    Legislative Intentions and Counterfactu‐als: Or, What One Can Still Learn from Dworkin's Critique of Legal Positivism.Damiano Canale & Giovanni Tuzet - 2023 - Ratio Juris 36 (1):26-47.
    Riggs v. Palmerhas become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue inRiggswas given by thecounterfactual intentionof the legislature. According to arguments from legislative intent, a judicial decision is justified if it is based on the lawmaker's intention. But can legislative intentions be determined counterfactually? More generally, (...)
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  10.  28
    Analogical Reasoning and Extensive Interpretation.Damiano Canale & Giovanni Tuzet - 2017 - Latest Issue of Archiv Fuer Rechts Und Sozialphilosphie 103 (1):117-135.
    Extensive interpretation of legal provisions is in tension with the prohibition of reasoning by analogy in criminal law, for it is unclear what the difference is between the two. Some scholars claim that they differ from a theoretical point of view, since they do not have the same argumentative structure. On the other hand, the two come to the same result starting from the same legal materials: they justify the extension of a regulation to a case that is not explicitly (...)
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  11.  18
    Correction to: The Opacity of Law: On the Hidden Impact of Experts’ Opinion on Legal Decision-Making.Damiano Canale - forthcoming - Law and Philosophy:1-1.
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  12.  21
    Introduction to Schauer and The Force of Law.Damiano Canale & Giovanni Tuzet - 2016 - Ratio Juris 29 (2):160-163.
    The paper introduces the debate, hosted by the present Journal, on Schauer's book The Force of Law. It points out some starting points of the discussion and puts into question the status of contemporary jurisprudence.
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  13. La precomprensione dell’interprete è arbitraria?Damiano Canale - 2006 - Etica E Politica 8 (1):1-42.
    “Preunderstanding” is the core of the theoretical framework developed by legal hermeneutics. Legal interpretation is necessary guided by the know-how, the presuppositions and the attitudes of the interpreter. But if this is the case, how can we distinguish between a legitimate and a not legitimate preunderstanding, and also between a good and a bad interpretation? The paper tries to adress this question analyzing the structure of preunderstanding from the point of view of both legal hermeneutics and philosophical hermeneutics. The paper (...)
     
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  14. Persona.Damiano Canale - 2015 - In Mario Ricciardi, Andrea Rossetti & Vito Velluzzi (eds.), Filosofia del diritto. Roma: Carocci editore.
     
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  15. Ricoeur e la dialettica del riconoscimento.Damiano Canale - 2000 - Rivista Internazionale di Filosofia Del Diritto 77 (3):292-322.
     
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  16.  13
    Walled Borders, Territoriality and Sovereignty: A Typology.Damiano Canale - 2021 - Athena 1 (1):37-57.
    Legal scholarship has so far paid little attention to the concept of border, which is one of the reasons for the lack of clarity regarding the characteristics of public borders at the present time. This paper aims to contribute to fill this gap by looking at an apparently eccentric phenomenon regarding the contemporary transformation of state borders: the so-called border walls. At a first sight, border walls seem to reiterate the traditional functions of state borders. But their rising up as (...)
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  17.  65
    Looking for the Nature of Law: On Shapiro’s Challenge. [REVIEW]Damiano Canale - 2012 - Law and Philosophy 31 (4):409-441.
    This article critically focuses on the methodological aspects of Scott Shapiro’s book Legality . Indeed Shapiro’s book sets out several original theses about not only the nature of law and the main problems of jurisprudence, but also about how the nature of law can be discovered by jurisprudence. In this sense, the method of inquiry adopted by Shapiro can be considered as one of the most challenging outcomes of his research. The article is divided into two parts. In the first (...)
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