ТУМАЧЕЊЕ ПРАВА КАО ВРЕДНОВАЊЕ НА ОСНОВУ КОНТЕКСТА – ПРИЛОГ КОНСТРУКТИВНОЈ ТЕОРИЈИ ТУМАЧЕЊА
INTERPRETATION OF LAW AS EVALUATION BASED ON THE CONTEXT – A CONTRIBUTION TO CONSTRUCTIVE THEORY OF INTERPRETATION

Summary/Abstract: This paper is rooted in the theory of constructive interpretation of the law. The author examines contextual and axiological nature of interpretation of the law, with a particular focus on the main issues of juristic hermeneutics, i.e. the questions of nature of juristic conclusion, and of the tools of arriving to it. Concerning the ongoing dispute between the mechanical and the creative jurisprudence, this approach facilitates a consistent and convincing criticism of the conceptual jurisprudence, and of the syllogistic logic in implementation of the laws, which tends to create an image of judge as a logical machine. Contextual interpretation and axiological perspective enable the author to develop the idea of freedom as a method of juristic decision making.

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