The paper deals with the argument from legislative intention, asking when it is justified to infer a legislative intention from the silence of the legislature itself. The paper shows that, in such a context, the argument is parasitic on an argument from literal meaning and is susceptible of different uses committed to different conceptions of the legislature.
Inferring the intention. Or, what Law the Legislature Could Have Intended to Make
CANALE, DAMIANO;TUZET, GIOVANNI
2010
Abstract
The paper deals with the argument from legislative intention, asking when it is justified to infer a legislative intention from the silence of the legislature itself. The paper shows that, in such a context, the argument is parasitic on an argument from literal meaning and is susceptible of different uses committed to different conceptions of the legislature.
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