Differences in Legal Systems
This chapter examines how techniques of interpretation may differ among different legal systems. There are at least three basic lessons from this examination. The first, and most obvious, is that to some degree forms of interpretation are related to the basic nature of the system. This is most apparent for constitutional law. How courts handle forms of interpretation can depend on how the constitution was adopted, what significance it is assumed to have, and how easy it is to amend. The second lesson is whether things that seem difficult or misguided in one system are also to be found within others. Related to this possibility is a third matter. Grasping what is done in other countries may help one to understand how what takes place in the United States can be improved.