Two Comments on Il modello conversazionale by Francesca Poggi


  • Julieta A. Rabanos Istituto Tarello per la Filosofia del Diritto, Università di Genova



Conversational Model, Principle of Cooperation, Legal Authority, Legal Interpretation, Independent Imperatives


This paper is based on a reflection on the reading of Francesca Poggi’s recent book, Il modello conversazionale. Sulla differenza tra comprensione ordinaria e interpretazione giuridica, in which the author intends to clarify some aspects of ordinary communication and legal interpretation, highlighting similarities and differences. In §2 I will raise the question whether a conception of a legal norm such as Karl Olivecrona’s independent imperatives, based on non-voluntaristic imperativism, could be a category of independent imperatives of interest to a position on legal interpretation that dispenses with legislative intent, thus establishing a neat separation between legislative authority and the approved text. In §3, I will raise the question whether it would not be more profitable to make further distinctions between the legal contexts in which Poggi analyses the application and applicability of Grice’s theory. I will try to show how these distinctions become necessary, in particular to assess the possibility that there are cooperative contexts in the legal field and situations where cooperative and non-cooperative contexts might exist simultaneously. Finally, I will draw a brief conclusion in §4.





The Conversational Model in Legal Interpretation. A Debate