Publication details
Některé techniky jazykové metody interpretace práva
| Title in English | Some Techniques of Linguistic Methods of Statutory Interpretation |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | legal interpretation;construction of statutes;textualism;legal language;doctrinal interpretation |
| Attached files | |
| Description | The linguistic method (or textual methods) of interpreting statutes is considered in the Czech legal environment as a simple and naive way of approaching the text. This article focuses on the relation between law-making and interpretation through some techniques of so-called linguistic interpretation. It focuses on techniques in pari materia, noscitur a sociis and ejusdem generis. It will first introduce the use of textual techniques in general and their position in the process of interpreting law. It is important to realize that these techniques schematize intuitive understanding of the statutes and help in doctrinal (and in some cases authoritative too) interpretation by making the interpreter’s thoughts more clear. The article also focuses on the relationship between construction of statutes and the interpretation of statutes: it can be assumed that the legislator should anticipate possible ways of interpretation and construct statute to eliminate potential problems or threatening ambiguities. In doing so, she can use the usual interpretative techniques and formulate them in cases that are more complex and presuppose interpretative legal skills. Subsequently, the article discusses the various interpretative techniques mentioned above: it analyzes their nature, the possibilities of their use and the boundaries that are associated with this use. |
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