Analytic Philosophy and Administrative Law

A Territory to Be Explored

Authors

  • Marco Q. Silvi Università di Milano - Bicocca

DOI:

https://doi.org/10.4454/vd40x465

Keywords:

administrative law, theories of interpretation and legal reasoning, independent administrative regulatory authorities, logical vs critical analysis of judicial discourses

Abstract

In this paper, I would like to demonstrate the relevance and theoretical interest that administrative law represents for analytic philosophy and general legal theory. Starting from a metajuristic perspective, I will first show that administrative law decisions constitute a fertile field for testing the validity of realist theories of interpretation. Against this background, I will secondly examine a recent phenomenon that has renewed the physiognomy of administrative law, namely the independent administrative regulatory authorities, whose activity (through reasoned regulatory acts) triggers a dialectic with judicial decisions that is worthy of examination by the theory of legal reasoning.

Published

2024-09-18

Issue

Section

Essays