The Legal Interpretation Technique and the Axiological Implications Cover Image

Tehnicile interpretării în drept şi implicaţiile lor axiologice
The Legal Interpretation Technique and the Axiological Implications

Author(s): Eliza COŞMAN
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: legal interpretation; interpretation technique; principle; rule of law; law

Summary/Abstract: The paper examines the axiological implications of the legal interpretation technique. The techniques are regarded as tools for deciphering the will of the law maker in view of applying legal norms according to the essence of the law. In this respect, the following techniques are analyzed: the linguistic technique, the systemic technique, the historical technique, the teleological technique. The idea this paper is based on is that the goal of the law maker must be regarded to the purpose of the law, whereas the latter itself is analyzed through legal interpretation. Thus, the legal techniques, far from being purely formal exigencies of interpretation, help decipher the bases of value which provide the content of legal norms.

  • Issue Year: 2014
  • Issue No: 14
  • Page Range: 187-200
  • Page Count: 14
  • Language: Romanian