Parole come azioni : la dimensione contestuale del linguaggio giuridico

Abstract

The following paper will consider the existing link between literal and contextual interpretation within the specific field of judicial interpretation. The study will be supported by an accurate analysis regarding a particular dimension of legal context, known as distal or background context. The intention will be to demonstrate how the above mentioned peculiar facet of the context can assume a substantial importance in relation to linguistic formulation of legal statements to be interpreted and, consequently, the traditional distinction between easy and difficult legal cases. The conclusion will focus on a general consideration concerning the importance of the extra – judicial component of the context in regard to the controversial correlations between the activity of interpretation and integration of law.