Importance of Context While Using Case Law Cover Image

Důležitost kontextu při používání judikatury
Importance of Context While Using Case Law

Author(s): Linda Tvrdíková
Subject(s): Philosophy of Law, Sociology of Law
Published by: Masarykova univerzita nakladatelství
Keywords: Context; Meaning; Interpretation; Philosophy; Cognitive Sciences.

Summary/Abstract: When interpreting legal norms interpreters use case law and refer to selected parts of court decisions, or specifically to legal sentences. This may seem completely unproblematic and even an appropriate means of ensuring legal certainty and, therefore, that the court decision was not unexpected. This might seem to lead o a greater degree of justice, where the same or similar cases are decided in the same way. This article will point out that if this use of case law and legal sentences occurs regardless of the context, it may, on the contrary, lead to injustices. This article aims to point out that context is a very important aspect while interpreting the law, consequently while using case law and legal sentences, which must not be neglected.

  • Issue Year: 28/2020
  • Issue No: 4
  • Page Range: 587-612
  • Page Count: 26
  • Language: Czech