Abstract

ZEZZA, MICHELE. The Role of Holism and Contextualism in Constitutional Interpretation. Considerations in Light of the Theoretical Categories of Duhem-Quine's Thesis. Rev. Derecho Estado [online]. 2023, n.56, pp.71-102.  Epub May 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n56.03.

The analysis aims to discuss how the external context conditions the legal interpretation of the constitutional provisions that recognize fundamental rights. To this end, some methodological indications from the field of the so called "Duhem-Quine thesis" are adopted. The intention is not to suggest that some relationship of identity might exist between the philosophy of physics and the philosophy of language and the legal level, but rather to propose the possibility of an analogical transposition, within the framework of legal interpretation, of some essential acquisitions of epistemological and semantic holism.

Keywords : Normative indeterminacy; constitutional rights; external context; episte-mological and semantic holism; philosophy of physics and of language; Duhem-Quine Thesis.

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