The Standard Model of German interpretative Methodology. Its Evolution and its current Meaning Cover Image
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Le modèle standard de méthodologie interprétative allemande. Son évolution et sa signification actuelle
The Standard Model of German interpretative Methodology. Its Evolution and its current Meaning

Author(s): Remus Ţiţirigă
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: method of interpretation; methodological system; subjective school; objective school; historical‐objective school; standard interpretative model

Summary/Abstract: This article, the second in a series of three, examines the standard interpretive doctrine canon in todayʹs Germany. The conceptual analysis at the beginning will clarify methodological terminology often confused in today’s doctrine. In this respect the difference between method of interpretation and system (school) of interpretation will be underlined. Then we will focus attention the evolutions that have marked the establishment of the current interpretive doctrine. This is a doctrinal debate developed over the nineteenth and twentieth century between competing methodological school such as subjective (advanced exegesis), the school of objective interpretation (Kohler) and the school‐ historical‐objective interpretation (Interessenjurisprudenz, von Heck ). The achievements of the debate had an essential role in establishing the standard interpretative doctrine in Germany. In the final part the analysis will deconstructs this standard doctrine. This gives an overview of a methodological theory which is among the most advanced in the world today.

  • Issue Year: 2012
  • Issue No: 01
  • Page Range: 27-47
  • Page Count: 21
  • Language: French