Empirical Investigation of Legal Interpretation Methodology Cover Image

Empirické zkoumání metodologie interpretace práva
Empirical Investigation of Legal Interpretation Methodology

Author(s): Michal Malaník
Subject(s): Philosophy of Law
Published by: Masarykova univerzita
Keywords: Legal Interpretation; Methodology; Empirical Research; Empirical Legal Studies; Judiciary; Decision-Making Process; Law-Making; Legislator; Explanatory Report.

Summary/Abstract: This paper focuses on the possibilities of empirical research in the field of methodology of legal interpretation. It briefly discusses the scope of research in literature both domestic and foreign and informs about the most important foreign research on the subject. Although the primary interest is placed on the legal interpretation in the application process, especially how to study the interpretation procedures of judges, the paper does not forget the law-making stages, where the interpretation methods are also necessary to be considered. The paper also offers selected results from the pilot research conducted with several judges of the Supreme Court.

  • Issue Year: 27/2019
  • Issue No: 2
  • Page Range: 169-188
  • Page Count: 20
  • Language: Czech