Legal Interpretation: A ‘Janus-Faced’ Concept
Legal Interpretation: A ‘Janus-Faced’ Concept

Summary/Abstract: The present paper endeavours to detail some of the key aspects regarding the concept of ‘legal interpretation’, by considering its roles within the legal sphere, its doctrinal evolution and the manner in which it is perceived and applied by legislative and judiciary powers. The first part discusses legal interpretation through the glens of its relation with the law, as interdisciplinary discipline, with the legal language – which abounds in non-legal borrowings and references –, with the legal system as a whole and its connection to the progressive social environment, and ultimately, with the agents who appeal to the interpretative act to give meaning and practical finality to the norm. The second part analyses the exegetical and the evolutionary strands concerned with interpretation in the legal sphere, as well as the long-lasting dispute between the legislative power and the judiciary power over their roles as interpreters of the law. The exegetical school renders legal interpretation as appanage of the legislator; the legislator is viewed as single-handedly wielding the instrument of law interpretation, whilst the judge is reduced to the status of executor. The exegetical judge is committed to obediently follow the legislator’s provisions and rigidly apply the law within the boundaries of some predetermined, all foreseeing legal meaning.

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