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Methods and theories of interpreting rules of law

Author:
Issue 1998/3
Pg 111-114

Summary


Based on U. Eco’s classification of interpretations, the author focuses on three main directions of interpretation theories and seeks counterparts for them in the legal interpretation theory. Interpretation based on the intention of the legislator takes guidance from interpretation theories under which the interpreter must answer the question what the author intends to say with a particular text (intentio autoris). Intention operis is understood as the meaning of the law in the legal interpretation theory. Interpretation based on the reader (intentio lectoris) has no direct counterpart in the legal interpretation theory.
The author mentions theories that recognise the freedom of decision by judges or describe how judges rely on circumstances which are outside of law in rendering decisions (in hermeneutic legal theory, emphasis on preliminary decisions; attitude and role theory; theological interpretation theories). The author stresses that the principle that judges must render judgments in accordance with law and the principles of legal certainty and separation of powers ensure that, according to the legal methods theory, the interpreter does not enjoy an unrestricted freedom in shaping the content of a text of law.

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