Interpretazione giuridica e certezza del diritto

The “concrete” dimension of legal interpretation prevents the interpretative problem from being reduced to a procedure for reconstructing the will of the legislator. Law is not a monopoly of the legislator. Interpretation brings law to life in historical reality. Law is just a text, an “inert material” that becomes “law” (i.e. “legal experience”, “legally lived daily life”) only thanks to interpretation. Interpretative moment is not “an extrinsic circumstance” opposed to the norm, but a circumstance “intrinsic to the norm and its condition of vitality”. The richness of legal experience precludes the possibility that interpretation can be exhausted in a mere executive activity of the legislator’s will. Law is an “open system” characterized by intersubjectivity. Hence, argumentative conception of legal logic requires the doctrine to study argumentative techniques.