Monday, October 29, 2018

Methods of interpretation

Methods of interpretation

There are several methods of interpretation after we going to review some of them

1. The exegetic methods

the exegetic method gives most attention to the text containing the legislation is an international work. The legislators reveals his intention in the words he uses to formulate the legal rules.
When the legislator uses certain words in formulating the legal rule this means that the Legislator intends what do these words mean. So to interpret a legal text one has to scrutinize the legislator intention.
the legislator's intention can be revealed by three ways.

a-Verbal or linguistic interpretation

as we have seen a legal text is composed of words and sentences and to understand what does it mean one has to know the meaning of its words and sentences anyway meaning of a legal rule May depend on the meaning of one word.

b-The Logical interpretation

verbal or linguistic methods may be used without satisfactory result
in this case one may be used what is called The Logical method.
The text, object of interpretation, may be compared with other legal text. Me study the general plan of estate you containing the text in order to find out its meaning

c. Historical interpretation

previous two methods may be used without succeeding in discovering the meaning of the text. In this case one has to use the historical method which consists in trying to discover legislators intention through the examination of the different phases of the enactment of the text.
In fact, enacting a statue passes by several phases. There may be several successful projects of this statute these projects may be studied.
There is one of them which was introduced to the legislative Assembly.

2. Historical method:

The advocates of this method do not insist on the importance of the legislator's intention.
In their view as soon as the statue is enacted
it becomes independent of it's creator.There is nothing which prevents if from serving
Other ends. Hence, the meaning of the text may
change from time to time.The privilage of this method is that it renders law flexible It enables ancient text  serve new ends. It helps the law to adapt with the changing conditions.However, this method has a serious drawback, it makes law unstable. By this method statutes can be modified without legislative o intervention,under pretext of
interpretation.This method gives more weight to the judge than to the legislator.

Free scientific research:

This method stands, in half way, between the first one and the second one.It respects s the intention of the legislator on Condition that it is. real. In interpreting legal texts, this method takes in consideration the real intention of the legislator.When there is a new situation which was not existing at the time of the enactment of a text, we must not look for a presumed intention of the legislator. We have to ask the following question what would have been the legislator's attitude towards this situation, if it existed at
the time of enacting of the legal rule?In this case the judge has to find a solution for the problem through free scientific research. this means that the judge, in this case is free to find a solution for it. But his freedom is not absolute. He has to find the convenient solution
through scientific research and not through his personal views and convictions.
In enacting legal rules, the legislator takes in consideration the various circumstances of the

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