Dissertation > Political, legal > Legal > Theory of law (Law)

Papers literal interpretation

Author YinChuanBo
Tutor ChenJinZuo
School Shandong University
Course Legal
Keywords Literal Interpretation Meaning Interpreter Interpretative system
Type Master's thesis
Year 2006
Downloads 186
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As the outcome of democratic politics, the real life of law, especially the statute which shares the form of text, lies in experience and the encounter with real life in the society. However, the textual law does not blend in with real life naturally. The process from legal norms to judicial norms involves complicated legal thinking and various legal methods. Legal interpretation, as a major part in the legal method system, plays an important role in this process. Legal interpretation includes lots of subdivided methods and the literal interpretation is the major part. Although a fixed rank of various legal methods, which will be provided by scholars of law, has not been available, the literal interpretation has been regarded as the superior one. Practically, all kinds of interpreting methods do not maintain the value, which would make each one superior than others, let alone, become unique one. In order to reveal the limitations of literal interpretation, this essay lays emphasis on what to be interpreted、 who will interpret and under what kind of interpreting system.In the first part of this essay, we generally describe the functions and problems of literal interpretation in the process of statute interpreting. Then we discuss the definition, features and functions of literal interpretation, and even the problems that it encounters. In our opinion, literal interpretation is the superior approach to sustain the stability of law, and the major function of literal interpretation is to give a range of meaning of the statute. The obvious feature is adhering to the text, and it means that there are some intangible connection between literal interpretation and the strict ruling of law. We in the third part focus on what to be interpreted, who will interpret and under what kind of interpreting system and find that there are many limitations of it, such as the inflexibility and rejection from other interpreting methods. As a result, the outcome of interpreting is likely to diverge away from the original text. Consequently, we advise that we should improve the statute and take the individual values and characteristics into account Meanwhile, we hope to obtain the support from the interpreting system. Besides, the cooperation of various kinds of methods is also a constructive way to obtain the ideal outcome of interpreting.The object of this essay is an attempt to improve the literal interpretation and make it

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