Servants or Masters? Linguistic Aids in Legal Interpretation

نویسندگان

چکیده

This paper presents the role of some intrinsic sources in legal interpretation. Some linguistic aids follow from provisions law and other commonly accepted ruling practice or views expressed literature. The position those was verified through analysis case-law, literature, law. first section second focus on priority plain meaning rule interpretation which is strongly emphasized case-law interpretative many countries. Next, it how certain tools work case practice, what problems they can cause solve. third point addresses use dictionaries as fourth explores selected canons often found regulations practice: ordinary canon, gender/number ejusdem generis presumption consistent usage prefatory-materials canon. It concluded that a not absolute never be understood its exclusivity. Linguistic are themselves determinants correct meaning. In order to make interpretation, necessary guided, by indications labelled objective, sometimes artificially imposed, but intention legislator, such may discover should only used for purpose.

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ژورنال

عنوان ژورنال: Ius Humani

سال: 2021

ISSN: ['1390-7794', '1390-440X']

DOI: https://doi.org/10.31207/ih.v10i1.237