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second order interpretative arguments, first order interpretative…
second order interpretative arguments
procedural directives
preferential directives
combining
doctrines of legal interpretation
normative theories
static
textualism
literal argument and only if necessary other arguments
only at the time of the promulgation
assumption
the text is made to be clear
if it cannot be resolved using LA the legislator must change it
applied to constitutions
originalism
original meaning o
original intentions o
in favor
a from methodological advantage
a from the rule of law
a from democracy
against
text is not enough
generality of rules
dead hand of the past
intentionalism
psychological argument and others
intention
established from
text
historical context
legislative history
preparatory works
in favor
natural communication
law as a command
understanding lawmaking, understanding law
against
dynamic
purposivism
teleological argument and others
adaptation of law to the present circumstances
cost and benefit analysis of the results
in favour
law is an instrument
the judge thinks about goals anyhow
generality of law
against
what about liguistic meaning
judges as legislators
rule of law?
democracy?
indeterminacy of goals
first order interpretative arguments