Justified epistemic authority (in legal interpretation)
The paper analyzes one of the main influences on the results of legal interpretation - epistemic authority. An account of authority is given along with a distinction between two basic types of authority, followed by a brief explanation of practical authority. Epistemic authority and derivative epist...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Belgrade, Faculty of Law, Belgrade, Serbia
2018-01-01
|
| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804143S.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849693725540745216 |
|---|---|
| author | Spaić Bojan |
| author_facet | Spaić Bojan |
| author_sort | Spaić Bojan |
| collection | DOAJ |
| description | The paper analyzes one of the main influences on the results of legal interpretation - epistemic authority. An account of authority is given along with a distinction between two basic types of authority, followed by a brief explanation of practical authority. Epistemic authority and derivative epistemic authority in particular are explained, in order to propose the conditions under which the influence of epistemic authority on judicial interpretation is justified. The general conclusion of the paper is the following: A court or judge Y is rationally justified to defer to the ascription of meaning (interpretation) p to a legal text q of person X, if court or judge Y has good reasons to believe that X has more knowledge, skills, experience or training in ascribing meaning to (interpreting) q. |
| format | Article |
| id | doaj-art-568a39f1c4544d2f89cb6bcfa279237c |
| institution | DOAJ |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2018-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-568a39f1c4544d2f89cb6bcfa279237c2025-08-20T03:20:19ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932018-01-0166414315510.5937/AnaliPFB1804143S0003-25651804143SJustified epistemic authority (in legal interpretation)Spaić Bojan0https://orcid.org/0000-0002-8887-9683University of Belgrade, Faculty of Law, SerbiaThe paper analyzes one of the main influences on the results of legal interpretation - epistemic authority. An account of authority is given along with a distinction between two basic types of authority, followed by a brief explanation of practical authority. Epistemic authority and derivative epistemic authority in particular are explained, in order to propose the conditions under which the influence of epistemic authority on judicial interpretation is justified. The general conclusion of the paper is the following: A court or judge Y is rationally justified to defer to the ascription of meaning (interpretation) p to a legal text q of person X, if court or judge Y has good reasons to believe that X has more knowledge, skills, experience or training in ascribing meaning to (interpreting) q.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804143S.pdfauthoritylegal interpretationepistemic authoritypractical authority |
| spellingShingle | Spaić Bojan Justified epistemic authority (in legal interpretation) Anali Pravnog Fakulteta u Beogradu authority legal interpretation epistemic authority practical authority |
| title | Justified epistemic authority (in legal interpretation) |
| title_full | Justified epistemic authority (in legal interpretation) |
| title_fullStr | Justified epistemic authority (in legal interpretation) |
| title_full_unstemmed | Justified epistemic authority (in legal interpretation) |
| title_short | Justified epistemic authority (in legal interpretation) |
| title_sort | justified epistemic authority in legal interpretation |
| topic | authority legal interpretation epistemic authority practical authority |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804143S.pdf |
| work_keys_str_mv | AT spaicbojan justifiedepistemicauthorityinlegalinterpretation |