Legal Interpretation

What is the purpose of legal interpretation?

to clarify the meaning of legal texts in order to provide fair and correct application

What is hermeneutics in legal interpretation?

theory and method of interpretation, considering context/intent/ and language

what is the meaning of clara non sunt interpretanda?

clear legal provisions do not need interpretation

what is the difference between ius and lex?

ius are general principles like natural law and lex are specific laws

what is ratio legis?

the reason or purpose behind a legal rule

what is authentic interpretation?

issued by the body that created the law

what is authoritative interpretation?

courts or constitutional bodies

what is operative interpretation?

judges or authorities when applying laws in cases

what is doctrinal interpretation

academic or scholarly interpretation

What is expansive interpretation?

in a broad way to include more cases

what is restrictive interpretation?

in a narrow way, like in criminal or tax law

what is in dubio pro libertate?

when in doubt favor freedom

what is in dubio pro tributario?

when in doubt, favor the tax payer

what does secundum legem mean?

interpretation in accordance with the law

what does praeter legem mean?

interpretation beyond the law

what does contra legem mean?

interpretation against the law

What is textualism?

focus on the plain, ordinary meaning of legal words

What is intentionalism (originalism)

focus on the lawmakers intent

What is purposivism?

focus on the law’s purpose or goal

what is linguistic interpretation?

focus on the words and meanings, definitions

what is systematic interpretation?

reading laws in harmony with the whole legal system to avoid contradictions

what is teleological interpretation?

focus on the purpose, fairness, and outcome

what is static interpretation?

legal meaning stays the same from when it was written

what is dynamic interpretation?

meaning changes with society and current context