Development of the Theory of Interpretation of Law in Western European Jurisprudence

Abstract

The article shows the main approaches to the theory of interpretation and legal interpretation in Western European philosophical and legal science. The art of interpretation has its origins in ancient times and has developed and is developing in various directions by representatives of different sciences. It seems justified to start the research with a general theory of interpretation, followed by a transition to legal interpretation (interpretation of law). At the same time, normative interpretation is considered as a link through which the transition from interpretation in general to legal interpretation takes place. Only the works of representatives of the Romano-German law school have been analyzed. Moreover, both works that belong to the classics of philosophy and jurisprudence, and the works of modern researchers. It is shown that the fundamental ideas of the classics of the theory of interpretation have been developed in the works of modern lawyers. The author proceeds from the fact that the peculiarities and patterns of the formation and formation of the Romano-Germanic legal family significantly influenced the views and methodological approaches of lawyers representing these legal systems. On the basis of modern research, a number of conclusions are drawn that seem important for the modern theory of interpretation of law and legal practice. Attention is focused on the fact that it is unacceptable to identify political and specifically legal interpretation. The author draws attention to the fact that currently the research of the theory of interpretation is not limited to the framework of national legal systems and goes to the global level. This article should be considered as one of their possible attempts to study the theoretical and legal patterns existing in the theory of legal interpretation. The article may be of interest to specialists in the fi eld of general theory of law and comparative law.