An Almost Pure Theory of Legal Interpretation within Legal Science

2019 ◽  
pp. 81-139
Author(s):  
Jorge Silva Sampaio
Keyword(s):  
Legal Interpretation ◽  
Pure Theory ◽  
Legal Science

scholarly journals Interpretative Norms: The Concept and Legal Nature

Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Methodological Framework ◽  
Legal Norms ◽  
Legal Science ◽  
Legal Nature ◽  
The Common ◽  
Russian Law ◽  
System Today

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.

scholarly journals Czy pragmatyka jest u Kelsena możliwa?

2018 ◽  
Vol 2 (2) ◽  
pp. 169-180
Author(s):  
Monika Zalewska
Keyword(s):  
Pure Theory ◽  
Legal Science ◽  
Theory Of Law

The main goal of Hans Kelsen’s Pure Theory of Law is to build a science of law. Kelsen is looking for a valid conditions of legal science and find them in neokantian philosophy. However, in the last phase when he turns into linguistic paradigm, he can’t explain science of law through neokantian terms anymore. In this case the question arises, how to recognize law from other linguistic expressions. Normally one could recall context of such expression (pragmatical context). In Kelsen’s case this is impossible as he distinguishes between is and ought and postulates that we should study law only on ought sphere. Despite this I will try to demonstrate that the pragmatics is possible in Pure Theory of Law by transforming previous neokantian categories into pragmatic ones.

The Role of Principles of Law in Legal Interpretation

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Valeriia K. Antoshkina ◽  
Myroslav B. Nikolenko ◽  
Vladyslav S. Oliinyk ◽  
Olena I. Romtsiv ◽  
Volodymyr S. Makarchuk
Keyword(s):  
Legal Interpretation ◽  
Present Stage ◽  
Legal Principles ◽  
Legal Science ◽  
Relevant Task ◽  
The Law ◽  
Law And Legislation

Complicating and improving legal relations naturally require improvements in the process of legal interpretation. Some theoretical provisions need further specification and development, taking into account the latest changes in law and legislation. Interpretation helps to eliminate contradictions, conflicts, and gaps in the law, so one should recognize it as the important and relevant task of legal science at the present stage. The article aims to study legal principles, outline their role in the process of legal interpretation, and clarify their relationship with the principles of legal interpretation.

Kelsen on legal interpretation

Legal Studies ◽  
1990 ◽  
Vol 10 (2) ◽  
pp. 136-152 ◽  
Author(s):  
Stanley L. Paulson
Keyword(s):  
Legal Theory ◽  
Legal Norm ◽  
Legal Interpretation ◽  
Pure Theory ◽  
Half Century ◽  
Legal Philosopher ◽  
Theory Of Law

A number of writers have invited attention to the fact that Kelsen, in a long and extraordinarily productive career, gave very little attention to questions of legal interpretation. Kelsen's younger colleague in the Vienna School of Legal Theory, Fritz Schreier, himself a legal philosopher of note, remarked in 1929 that the Vienna School had neglected interpretation. Michael Thaler made the same point a half century later, writing that Kelsen devoted himself ‘entirely to an elucidation of the object of interpretation’, that is to say, the legal norm itself, without providing any details on ‘ how interpretation is to be done’. Other recent writers go further: Klaus Adomeit dismisses Kelsen's theory of interpretation as ‘methodological nihilism’ Günther Winkler writes that Kelsen’s theory, although ‘simple’, is both ‘mistaken and misleading’. Indeed, most recent writers who have examined the Pure Theory of Law on questions of legal interpretation take a dim view of Kelsen's work in the field.

scholarly journals The Ontology of Legal Science: Hans Kelsen’s Proposal of the ‘Pure Theory of Law’

2019 ◽  
Vol 5 (3) ◽  
pp. 543-557
Author(s):  
Saepul Rochman ◽  
Kelik Wardiono ◽  
Khudzaifah Dimyati
Keyword(s):  
Pure Theory ◽  
Legal Science ◽  
Theory Of Law

scholarly journals Legislative basics of legal interpretation

2021 ◽  
Vol 5 (S4) ◽  
pp. 1600-1614
Author(s):  
Valeriya K. Antoshkina ◽  
Oleksandr Loshchykhin ◽  
Oksana Topchii ◽  
Dmytro Shevchenko ◽  
Myroslav V. Hryhorchuk
Keyword(s):  
Law Enforcement ◽  
State Power ◽  
Legal Interpretation ◽  
Legal Basis ◽  
Scientific Methods ◽  
Effective Functioning ◽  
Legal Science ◽  
Special Scientific ◽  
General Scientific

The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. That is still the reason why scholars and legal practitioners pay considerable attention to various aspects of legal interpretation, one of which is to determine the legal basis of legal interpretation, which actualizes the topic of this paper. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and the principles for the implementation of legal interpretation activities by state power bodies; secondly: presentation on the basis of modern achievements and developments of legal science of the system of measures for standardization of such activity, bringing it in line with the needs of law enforcement practice. The solution of the set tasks was carried out using the method of philosophical dialectics, a system of general scientific and special scientific methods of cognition, which are based on the principles of objectivity, comprehensiveness, complexity.

Romans 8: Dead to the Law, Alive in the Spirit

2013 ◽  
Vol 9 ◽  
Author(s):  
Tyler Lohse
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Interpretive Theory ◽  
The Law ◽  
Interpretive Strategies ◽  
Civil Death ◽  
Romans 8

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.

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