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25Legislative Intentions and Counterfactu‐als: Or, What One Can Still Learn from Dworkin's Critique of Legal PositivismRatio Juris 36 (1): 26-47. 2023.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 cou…Read more
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PersonaIn Mario Ricciardi, Andrea Rossetti & Vito Velluzzi (eds.), Filosofia del diritto, Carocci Editore. 2015.
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9Walled Borders, Territoriality and Sovereignty: A TypologyAthena 1 (1): 37-57. 2021.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 ph…Read more
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21A blind spot in the theories of legal interpretationJurisprudence 13 (1): 130-138. 2022.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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10Correction to: The Opacity of Law: On the Hidden Impact of Experts’ Opinion on Legal Decision-MakingLaw and Philosophy 1-1. forthcoming.
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25The Opacity of Law: On the Hidden Impact of Experts’ Opinion on Legal Decision-makingLaw and Philosophy 40 (5): 509-543. 2021.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 linguistic content but is …Read more
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55The Opacity of Law: On the Hidden Impact of Experts’ Opinion on Legal Decision-makingLaw and Philosophy 40 (5): 509-543. 2021.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 linguistic content but is …Read more
Areas of Specialization
Philosophy of Law |
Legal Reasoning and Adjudication |
Areas of Interest
Philosophy of Law |
Meta-Ethics |
Practical Reason |
Legal Reasoning and Adjudication |