Interpretation and application of the law
It is evident that some legal and criminal laws may be perceived as ambiguous by the general public. Additionally, there are instances where the boundaries of these laws are unclear. Consequently, the interpretation of the law becomes crucial in order to clarify its meaning.
In this article, we will explore the concept of legal interpretation and the methods employed for this purpose. Please continue reading to gain a deeper understanding.
In essence, legal interpretation entails deciphering the intended meaning of a given legal provision. In the realm of legal and criminal law, judges play a pivotal role in interpreting these laws to eliminate any vagueness, ambiguity, or conflicts. Such interpretations are vital for lawyers to effectively utilize legal and criminal statutes to their advantage.
Law Interpretation: A Comprehensive Overview
To explore the various methods of law interpretation, we must first delve into the fundamental concept of interpretation within the legal and criminal law framework. Interpretation, in this context, refers to deducing the intended legal rulings. Given the diverse array of events and legal matters in society, interpretation serves as a vital tool. It allows the law to be applied to different cases and varying circumstances that individuals may encounter.
However, it’s crucial to emphasize that the primary form of interpretation we discuss here is legislative interpretation. This holds significance because the legislator possesses superior knowledge regarding the purpose behind enacting the law. Hence, legislative interpretation holds greater validity compared to other forms of interpretation.
Types of Law Interpretation Methods
You might be wondering about the various methods of interpreting the law. Law interpretation can be categorized based on the authority of the interpreter and the approach taken. Here are the different types:
Based on the Authority of the Interpreter:
Legal Interpretation: This includes the interpretation of constitutional provisions and parliamentary rules.
Judicial Interpretation: Carried out by the judiciary.
Personal Interpretation: Interpreted by individuals.
Based on the Method of Interpretation:
.Narrow Interpretation: Includes limited, literary, and logical interpretations
.Logical Interpretation: Encompasses explanatory and ultimate interpretations
.Extensive Interpretation: Explores broader meanings
If you’re not familiar with these methods, the most important ones to note are:
Historical Interpretation
Personal Interpretation
Judicial Interpretation
Legal Interpretation
Literary Interpretation
Logical Interpretation
Narrow Interpretation
Extensive Interpretation
It’s important to recognize that each of these methods involves different individuals or authorities in the interpretation process.
Key Methods of Law Interpretation
Up to this point, we’ve explored the significance and essence of law interpretation, while also outlining interpretation methods in two distinct lists. Now, let’s focus on delving into four of the most pivotal law interpretation methods, examining each one individually. We appreciate your cooperation.
Logical Law Interpretation Methods
Among the array of law interpretation techniques, logical interpretation stands out as one of the most critical. In logical interpretation, the focus shifts towards understanding laws through the lens of the legislator’s intentions, objectives, and purposes. Within this method, the primary aim is to unearth the legislator’s true intentions. Consequently, superficial wordings and phrases are disregarded as long as they do not alter the intended meaning.
Narrow Interpretation
In the realm of law interpretation, narrow interpretation is a method where the judge interprets a law strictly within the confines of its conceptual framework. Here, the judge avoids extending its application to cases that the legislator has not explicitly addressed or is unlikely to encompass. Furthermore, within this form of legal interpretation, the judge is restricted from enhancing the penalties for offenses not expressly mentioned in the legal statutes.
Expanded Interpretation
In legal proceedings, particularly in formal cases involving civil procedure law and criminal procedure law, we employ the method of expanded interpretation. This approach is necessitated by its connection to the broader social order, compelling judges to devise ways of implementation. It represents a form of judicial interpretation that extends the scope of a law beyond its original boundaries. Unlike narrow interpretation, expanded interpretation encompasses cases left unaddressed by the legislator.
In such instances, judges draw upon the meanings found in other legal articles or the unity of its criteria. They expedite the application of these interpretations to resolve the issue at hand, thereby providing a solution to the problem.
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Practical Examples of Expanded Interpretation
To gain a clearer understanding of the application of this law interpretation method, let’s explore two illustrative examples:
Article 224 of the Civil Code: Within this legal provision, contracts are interpreted based on their customary meanings. Consequently, if a contract employs a term with a distinct meaning that does not fall under any of the rights outlined in civil law, expanded interpretation, as per the mentioned article, would encompass such contracts.
Expertise Provisions in Civil Procedure Law: Notably, the civil procedure law offers more comprehensive guidance on expertise compared to the criminal procedure law. Suppose a criminal judge is faced with a case of document forgery, an area where the law remains silent. In this scenario, the judge may refer to other provisions, including those in the civil procedure law, to address the issue. However, it is imperative to highlight that in criminal cases with substantive implications, broad interpretation should be avoided to prevent harm to the accused.
Literary and Verbal Interpretation in Law
In conclusion, let’s explore another significant method of law interpretation known as verbal or literary interpretation. In this approach, it is assumed that the legislator possesses comprehensive awareness of all aspects when formulating the law. Therefore, particular emphasis is placed on scrutinizing the expressions and terminology used within the context of their linguistic meaning.
For instance, consider Article 640 of the Islamic Penal Code, which stipulates the following: [amendment fine penalty 11/08/2019] – “The following individuals shall face imprisonment ranging from three months to one year, fines ranging from 25,000,000 Rials to 100,000,000 Rials, and a maximum of (74) lashes or will be subjected to one or two of the aforementioned penalties:
Individuals who display writings, designs, engravings, paintings, pictures, press materials, announcements, signs, films, cinema tapes, or any other items that offend public morals for the purposes of trade or distribution, or produce and store them for trade and distribution.
Individuals who personally import or export the aforementioned objects for the stated purposes, or participate in any form as intermediaries in trade or any other transaction, or generate income from renting them.
Those who publish the aforementioned objects in any manner or expose them to the public.
Any person who encourages the trade of the above-mentioned items, promotes them in any manner, or introduces information about the commission of one of the prohibited acts mentioned above or the location for obtaining them.”
.In this context, the meticulous examination of the terminology and wording within the law is crucial to grasp its intended meaning
The Application of Literary and Verbal Interpretation
In the realm of law interpretation, the utilization of literary and verbal interpretation is a topic worth exploring in greater detail. This discussion serves to underline the significance of these interpretative methods.
Let’s delve into an example to illustrate this further: Consider a scenario where the law states that anyone who encourages the trade of certain objects, such as “writes, designs, paintings, films,” as per a literal or literary interpretation, cannot be subject to prosecution. This is because the legislator has explicitly expressed the term “objects” as the means of committing a crime. In essence, these items are considered singular objects rather than plural “objects,” and therefore, they fall outside the scope of the law’s provisions.
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Interpretation and application of the law