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Imago veritas falsa: for a (post-)Schmittian decisionist theory of law, legal reasoning, and judging

Siliquini-Cinelli,L 2014, Imago veritas falsa: for a (post-)Schmittian decisionist theory of law, legal reasoning, and judging, Australian journal of legal philosophy, vol. 39, pp. 118-141.

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Title Imago veritas falsa: for a (post-)Schmittian decisionist theory of law, legal reasoning, and judging
Author(s) Siliquini-Cinelli,L
Journal name Australian journal of legal philosophy
Volume number 39
Start page 118
End page 141
Publisher Australian Society of Legal Philosophy
Place of publication St Lucia, QLD
Publication date 2014-12-31
ISSN 1440-4982
Summary For decades, while approaching the ‘normativism/pragmatism’ divide and discussing the legitimacy of (and opportunity for) the judge to act as a ‘social engineer’, socio-legal scholars have tried to ascertain whether the jurist should also consider the impact of his/her activity on society at large, and if so, why and to what extent. The present contribution understands instead the law in terms of a structurally incomplete image (imago veritas falsa) which always needs the decisive intervention of the legal interpreter to exercise its performative instances. In particular, by adopting an unconventional theoretico-philosophical approach that transcends the classic boundaries of foundationalist metaphysics as expressed by the dichotomy of Western logic, this paper argues for the necessity of a tertium comparationis capable of explaining that the real essence of law, legal reasoning, and judging is neither that of normativism, nor of pragmatism, but rather of (post-)Schmittian decisionism.
Language eng
Field of Research 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2014, Australian Society of Legal Philosophy
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Document type: Journal Article
Collection: Law
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