Interpretation and construction: An addendum to the discussion about creation and application of law

As part of their regular activities, courts attach meaning to legal texts to determine the normative situation of the parties to the dispute. The activity of attributing meaning to legal texts by the courts is commonly called authoritative interpretation of law. In many cases, the meaning attributed...

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Autor principal:	Spaić Bojan
Formato:	article
Lenguaje:	EN SR
Publicado:	Union University, Faculty of Law, Belgrade 2021
Materias:	application of law creation of law legal interpretation legal construction cognitivism skepticism textualism intentionalism Law K
Acceso en línea:	https://doaj.org/article/189d38251ca74791ae62cb3b1bcf8a59
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spelling	oai:doaj.org-article:189d38251ca74791ae62cb3b1bcf8a592021-12-05T21:29:41ZInterpretation and construction: An addendum to the discussion about creation and application of law2217-28152406-138710.5937/pravzap0-31882https://doaj.org/article/189d38251ca74791ae62cb3b1bcf8a592021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2021/2217-28152101029S.pdfhttps://doaj.org/toc/2217-2815https://doaj.org/toc/2406-1387As part of their regular activities, courts attach meaning to legal texts to determine the normative situation of the parties to the dispute. The activity of attributing meaning to legal texts by the courts is commonly called authoritative interpretation of law. In many cases, the meaning attributed to the text by the court deviates significantly from what laymen and even lawyers would expect, and the deviations themselves are explained in different ways in legal theory. In the purpose of explanation, the terms creation and application of law, extensive and restrictive interpretation, secundum, praeter and contra legem adjudication are used. This paper introduces and explains the concepts of interpretation, construction and their relationship, as possible explanations of situations in which authoritative judicial interpretations deviate from the expectations of the professional and lay public. For this purpose, contemporary textualist and intentionalist (cognitivist) conceptions of interpretation and construction are presented and compared with contemporary skeptical (realist, antiformalist) conceptions. Despite the simplicity and intuitive acceptability of some cognitivist views, skepticism is shown to provide a better theoretical basis for considering the application and creation of rights by courts. The very distinction between interpretation and construction proves to be a useful theoretical tool for explaining the actions of courts, as well as for specifying existing theoretical distinctions.Spaić BojanUnion University, Faculty of Law, Belgrade articleapplication of lawcreation of lawlegal interpretationlegal constructioncognitivismskepticismtextualismintentionalismLawKENSRPravni Zapisi, Vol 12, Iss 1, Pp 29-61 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	application of law creation of law legal interpretation legal construction cognitivism skepticism textualism intentionalism Law K
spellingShingle	application of law creation of law legal interpretation legal construction cognitivism skepticism textualism intentionalism Law K Spaić Bojan Interpretation and construction: An addendum to the discussion about creation and application of law
description	As part of their regular activities, courts attach meaning to legal texts to determine the normative situation of the parties to the dispute. The activity of attributing meaning to legal texts by the courts is commonly called authoritative interpretation of law. In many cases, the meaning attributed to the text by the court deviates significantly from what laymen and even lawyers would expect, and the deviations themselves are explained in different ways in legal theory. In the purpose of explanation, the terms creation and application of law, extensive and restrictive interpretation, secundum, praeter and contra legem adjudication are used. This paper introduces and explains the concepts of interpretation, construction and their relationship, as possible explanations of situations in which authoritative judicial interpretations deviate from the expectations of the professional and lay public. For this purpose, contemporary textualist and intentionalist (cognitivist) conceptions of interpretation and construction are presented and compared with contemporary skeptical (realist, antiformalist) conceptions. Despite the simplicity and intuitive acceptability of some cognitivist views, skepticism is shown to provide a better theoretical basis for considering the application and creation of rights by courts. The very distinction between interpretation and construction proves to be a useful theoretical tool for explaining the actions of courts, as well as for specifying existing theoretical distinctions.
format	article
author	Spaić Bojan
author_facet	Spaić Bojan
author_sort	Spaić Bojan
title	Interpretation and construction: An addendum to the discussion about creation and application of law
title_short	Interpretation and construction: An addendum to the discussion about creation and application of law
title_full	Interpretation and construction: An addendum to the discussion about creation and application of law
title_fullStr	Interpretation and construction: An addendum to the discussion about creation and application of law
title_full_unstemmed	Interpretation and construction: An addendum to the discussion about creation and application of law
title_sort	interpretation and construction: an addendum to the discussion about creation and application of law
publisher	Union University, Faculty of Law, Belgrade
publishDate	2021
url	https://doaj.org/article/189d38251ca74791ae62cb3b1bcf8a59
work_keys_str_mv	AT spaicbojan interpretationandconstructionanaddendumtothediscussionaboutcreationandapplicationoflaw
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Interpretation and construction: An addendum to the discussion about creation and application of law

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