Il formalismo interpretativo nell’impiego dell’argomento “ex auctoritate”
Interpretive formalism in the context of using “ex auctoritate” argument

Summary/Abstract: In the process of legal argumentation, each time an interpreter uses an ex auctoritateargument, by referring to the consolidated jurisprudence, he must be aware of the dan-ger of being accused of using legal formalism. In the present paper, this issue has beenexamined in relation to the published jurisprudence of the Supreme Tribunal of the Ap-ostolic Signatura, because to this jurisprudence are generally referred the judges of thisTribunal when hearing similar and already resolved cases, as well as ecclesiastic supe-riors when they put into practise some administrative functions of their government.The results of the query authorize the adoption of a preliminary conclusion that judicialformalism does not accept extreme forms of argumentation that may lead to right butunjust decisions; however, it strengthens the authority of the Supreme Tribunal itsel fevery time an administrative judge refers to an analogous controversy and issues a similarjudgment.

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