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2023, Apporti della concezione post-neopositivista del significato alla riflessione teorica sull’interpretazione dei diritti costituzionali: una mappa concettuale

In this article I intend to identify, within the vast panorama of post-neopositivist conceptions of meaning, some indications that may help to shed light on a remarkable phenomenon of constitutional interpretation, namely the influence exerted, in the determination process of the constitutional provisions which attribute fundamental rights, from the set of beliefs, expectations, purposes, etc., sedimented within a socially oriented linguistic practice. Through this operation, I aim to highlight how the identification of the theoretical-doctrinal background relating to the complex of ethical-political conceptions incorporated by the constitutions is strongly influenced by various elements of an intra- and extratextual nature. Furthermore, by placing the interpretative processes in a broader hermeneutic-semiotic framework that considers legal cases as sign functions, the text seeks to demonstrate in a relatively easy to understand manner that the theoretical complications present in the legal field are ultimately not dissimilar to those found in any other interpretative activity that involves the use of a natural-historical language.