Meaning negotiation is a process in which the object of negotiation is the meaning of a set of terms. When this happens in the law, the object of negotiation is typically the meaning of terms occurring in one or more legal provisions relevant for the parties involved in a dispute. In this paper we propose a framework for reconstructing the arguments supporting the restrictive and extensive interpretations of legal provisions. The framework is then applied to model meta-argumentation over the legal meaning of terms occurring within legal provisions and used to show how negotiations may take place in this context and be formally captured.
Meaning Negotiation in Legal Reasoning and Interpretation
ROTOLO, ANTONINO
2014
Abstract
Meaning negotiation is a process in which the object of negotiation is the meaning of a set of terms. When this happens in the law, the object of negotiation is typically the meaning of terms occurring in one or more legal provisions relevant for the parties involved in a dispute. In this paper we propose a framework for reconstructing the arguments supporting the restrictive and extensive interpretations of legal provisions. The framework is then applied to model meta-argumentation over the legal meaning of terms occurring within legal provisions and used to show how negotiations may take place in this context and be formally captured.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
