There are several methods of interpretation after we going to review some of them
1. The exegetic methods
the exegetic method gives most attention to the text containing the legislation is an international work. The legislators reveals his intention in the words he uses to formulate the legal rules.
When the legislator uses certain words in formulating the legal rule this means that the Legislator intends what do these words mean. So to interpret a legal text one has to scrutinize the legislator intention.
the legislator's intention can be revealed by three ways.
When the legislator uses certain words in formulating the legal rule this means that the Legislator intends what do these words mean. So to interpret a legal text one has to scrutinize the legislator intention.
the legislator's intention can be revealed by three ways.
a-Verbal or linguistic interpretation
as we have seen a legal text is composed of words and sentences and to understand what does it mean one has to know the meaning of its words and sentences anyway meaning of a legal rule May depend on the meaning of one word.
b-The Logical interpretation
verbal or linguistic methods may be used without satisfactory result
in this case one may be used what is called The Logical method.
The text, object of interpretation, may be compared with other legal text. Me study the general plan of estate you containing the text in order to find out its meaning
in this case one may be used what is called The Logical method.
The text, object of interpretation, may be compared with other legal text. Me study the general plan of estate you containing the text in order to find out its meaning
c. Historical interpretation
previous two methods may be used without succeeding in discovering the meaning of the text. In this case one has to use the historical method which consists in trying to discover legislators intention through the examination of the different phases of the enactment of the text.
In fact, enacting a statue passes by several phases. There may be several successful projects of this statute these projects may be studied.
There is one of them which was introduced to the legislative Assembly.
In fact, enacting a statue passes by several phases. There may be several successful projects of this statute these projects may be studied.
There is one of them which was introduced to the legislative Assembly.
2. Historical method:
The advocates of this method do not insist on
the importance of the legislator's intention.
In their view as soon as the statue is enacted
it becomes independent of it's creator.There is
nothing which prevents if from serving
Other ends. Hence, the meaning of the text may
change from time to time.The privilage of this
method is that it renders law flexible It enables ancient text serve new ends. It helps the law to adapt
with the changing conditions.However, this method has a serious drawback, it
makes law unstable. By this method statutes can be modified without legislative
o intervention,under pretext of
interpretation.This method gives more weight to
the judge than to the legislator.
Free scientific research:
This method stands, in half way, between the
first one and the second one.It respects s the intention of the legislator
on Condition that it is. real. In interpreting legal texts, this method takes in
consideration the real intention of the legislator.When there is a new
situation which was not existing at the time of the enactment of a text, we
must not look for a presumed intention of the legislator. We have to ask the
following question what would have been the legislator's attitude towards this
situation, if it existed at
the time of enacting of the legal rule?In this
case the judge has to find a solution for the problem through free scientific
research. this means that the judge, in this case is free to find a solution
for it. But his freedom is not absolute. He has to find the convenient solution
through scientific research and not through his
personal views and convictions.
In enacting legal rules, the legislator takes
in consideration the various circumstances of the
society. In trying to find a solution for a law case the judge must do the same.
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