EXEGETICAL METHOD: ORIGIN, IMPORTANCE AND EXAMPLES - ARTE - 2025

The exegetical method is a method of interpretation that is used in the study of legal texts and that focuses on the way in which the law or regulation was drafted by the legislator. It is studied through the analysis of grammar and language rules.

In reality, understanding what the legislator actually wants to establish should be simple, since one of his obligations is to draft laws that any citizen understands. It is a literal interpretation of the legal text, which rarely implies giving a meaning that derives from what is grammatically written.

On the contrary, often the ambiguity of what is written leads to a restrictive application or an extensive application. The restrictive application entails focusing only on what is written and, however, the extensive application entails an extension of the meaning if it is not clear.

What does it consist of?

It consists mainly in interpreting the legal norm, considering only the literal and grammatical meaning of the words that compose it.

The exegetical method is used when there is a need to extract the meaning of a legal regulation, because there are discrepancies regarding the meaning of its content. The interpreting lawyer does so by using the method to inquire into the real meaning of the provision, in order to end the discrepancy.

There is a clear example of this method of literal interpretation in tax law. It is understood that there is no obligation to contribute if it is not specifically established in the legislation.

Origin

Exegesis has its origin in a Greek word whose literal meaning is "to extract." Exegete is understood to be the person who practices this discipline.

Exegesis focuses on obtaining the meaning or meaning of the text in question. Consequently, the exegetical method is the interpretation of the legal text in an objective way. Rather, eisegesis means adding personal interpretations to an existing text; it is a more subjective view.

Formerly it was the kings, who attributed their authority to God, who discussed the laws and, logically, the interpretation of these norms had to be exact and literal as written.

School of Exegesis

In the 19th century the School of Exegesis was created with prestigious French civil law jurists. Its main representative was Alejandro Durantón.

At the end of the 19th century, the school began to be highly criticized by authors such as Saleilles. The criticisms mainly referred to the lack of link between the law and the social changes that the exegetical method promulgated due to its literal interpretation of the legal text.

The School of Exegesis advocates a restrictive worship of the law, in such a way that it does not consider law what is not written and does not originate in the legislative parliament.

Importance

In order to be applied, the laws require an intellectual process that defines its meaning and its objective, to determine if in the specific case it is applicable or not and under what conditions.

In all legal regulations there are ambiguous norms whose meaning is not obvious and needs clarification or interpretation before use. However, even the clearest rules require a regulated rather than arbitrary interpretation.

Types

The exegetical method of judicial interpretation can be restrictive or extensive.

Restrictive

In the restrictive exegetical method, the interpretation is made referring only to specific and limited cases. This can be seen in several ways:

- Respect the will of the legislator. The interpretation is limited to what the legislator apparently means.

- Shorten the meaning in terms of lesser scope of validity. It involves interpreting in the most restrictive way in terms of the scope of the terms, opting for those with less validity.

- It is limited to safe meanings and accepted by all. Sticking to the safest interpretation and the one that everyone readily accepts is another form of restriction.

Extensive

In the extensive exegetical method, the interpretation is carried out by expanding the meaning of a text, in order to be able to use it as a regulation of situations that are not specifically within the literal interpretation of the norm.

What is done is to somehow extend the meaning to what the legislator is believed to have meant.

Examples

An obvious example of the interpretation according to the exegetical method is Article 14, last paragraph, of the Political Constitution of the United Mexican States, which reads the following:

"In civil trials, the final judgment must be in accordance with the letter or legal interpretation of the law, and in the absence of this it will be based on the general principles of law."

Clearly an exegetical method of interpretation of the law is referred to when it is said "according to the letter." This is a literal and also restrictive interpretation.

Examples of this method can also be seen in articles 25 and 27 of the Civil Code of Colombia, when it says:

Article 25: "The interpretation that is made with authority to fix the meaning of an obscure law, in a general way, only corresponds to the legislator."

Article 27: "When the meaning of the law is clear, its literal tenor will not be neglected on the pretext of consulting its spirit."

Both are clear referents of a literal interpretation of the law; that is to say, to the letter, without looking beyond what is written.

Casuism

In short, the legal exegetical method has as its clear aim and objective the absolute cult of the text of the law and to find the real meaning that the legislator intends in his work. See the law as something perfect and static; the legislator knows what he is doing and is never wrong.

The exegetical method can lead to casuistry; that is, to the creation of legislation or norm for each case.

It is a matter of determining the particular foreseeable cases that may arise in a certain matter and then legislating on each one in particular. Obviously, the result is chaos due to the infinity of rules dictated, since even some can become contradictory.

References

1. Right. Exegetical method. Law.laguia2000.com
2. Javier Arturo Campos Silva. The judicial interpretation. 9.10.14 miguelcarbonell.com
3. Victor Emilio Archondo Paredes. Legal interpretation method. Magazines-collaboration.juridicas.unam.mx
4. Political Constitution of the United States of Mexico. Article 14. Mexico.justia.com
5. José Luis Fabra. School of Exegesis. philosophiaderechocolombia.net