In this paper I put forward some arguments in defence of inclusive legal positivism. The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism. I introduce two arguments connected with legal interpretation in favour of my thesis. However, my opinion is that inclusive positivism does not sufficiently succeed in estranging itself from the more traditional legal positivist conceptions. This is the case, for instance, with regard to the value-freedom principle, which is commonly accepted by inclusive positivist scholars. In contrast with this approach, I try to show, in the concluding section, how a constructivistic version of inclusive positivism could legitimately acknowledge the presence of value-judgments in the cognitive activities of jurists and legal theorists.
Based on a dynamic approach to the understanding of meaning, the author develops what he calls a pragmatically oriented theory of legal interpretation. his theory differs both from formalistic and anti-formalistic approaches to legal interpretation, for interpretation is, according to the author, at the same time a discovery of some levels of meaning and a construction of other levels of meaning. Meaning is thus understood as a gradual entity, which forms at various levels. It implies both the inter-linguistic dimension (i.e. sense) and the language-world relation (i.e. reference). It is never produced all at once, but is rather formed progressively, that is, step by step. In this, the context is essential. he context is only provided in a concrete (real or paradigmatic) case for which we are to interpret a certain legal disposition. For that reason, it is a judge as the interpreter of the text who (besides the author of the text) necessarily contributes to the inal deinition of its meaning. he article is published in the English original and in its Slovenian translation by Tilen Štajnpihler.
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