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  1. Hart as an Inferentialist: The Methodological Pragmatist Insight in Hart’s Inaugural Lecture.Ziyu Liu - 2023 - Law and Philosophy 42 (4):379-409.
    Jurisprudes today differ in their interpretations of H.L.A. Hart’s analysis of the semantics of internal legal statements. Drawing upon the philosophy of language and metaethics to reconstruct Hart’s view, they disagree as to whether Hart should be interpreted as an expressivist or quasi-expressivist. In this paper I propose a third reconstruction, under which Hart adopted an inferentialist analysis of the semantics of internal legal statements. In executing this reconstruction, I focus on Hart’s inaugural lecture, and utilize the theoretical apparatus of (...)
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  • 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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  • 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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  • The A Simili Argument: An Inferentialist Setting.Giovanni Tuzet Damiano Canale - 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 answer refers (...)
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  • Linguistic Objectivity in Norm Sentences: Alternatives in Literal Meaning.David Duarte - 2011 - Ratio Juris 24 (2):112-139.
    Assuming that legal science, specifically with regard to interpretation, has to provide the tools to reduce the uncertainty of legal solutions arising from the use of natural languages by legal orders, it becomes a central matter to identify, in this limited domain, the spectrum of semantic variation (and its boundaries) that language brings to the definition of a norm expressed by a norm sentence. It is in this framework that the present paper, analyzing norm sentences as a specific kind of (...)
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