Analysis of Interpretation Rules

Dókos. Philosophical Review 23:7-46 (2019)
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Abstract

In this article we have pointed out the importance that the language has for law. Their interdependence affects many areas ranging from the process of law building to its application and the scientific analysis of law. We have dealt with the syntactic and semantic characteristics of the language for legal purposes. The globalization process has produced a demand for a harmonisation of the laws. Language and translation have a predominant role in the harmonisation process because the citizens’ access to legal rules and legislation can only be guaranteed through language. The translation of law involves necessarily a comparative legal analysis between the version of the first language and that of the second language. Therefore we have outlined some problems that are associated with the translation and analysis of legal texts. The aim of legal interpretation is to ascertain a meaning to a legal norm. It is an essential tool in legal practice and is situated within legal hermeneutics denoting the methodology of interpretation. In the process of legal interpretation the wording of the legal norm is not just to be understood according to its literal meaning. Thus a contract does not need to be interpreted if the wording is clear and free of misunderstandings. However, if it is vague or ambiguous the general rules of interpretation apply

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Margit Gaffal
Universidad Complutense de Madrid

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