- Main characteristics of legal hermeneutics
- Hermeneutical Interpretation Methods
- 1- Grammar method
- 2- Teleological method
- 3- Evolutionary historical method
- 4- Economic method
- References
The legal interpretation is the method used in the interpretation of legal texts. Legal hermeneutics establishes the conceptual bases so that the analysis of legal norms is as equitable as possible.
Legal hermeneutics is extremely important in the legal field, since without it it would be impossible to standardize the understanding of the laws so that their implementation is within the principles of jurisprudence.
In general, hermeneutics is the art of interpreting texts and originates from the analysis of religious texts. However, its application has expanded into the legal, philosophical and even literary fields.
Legal hermeneutics encompasses the procedure or set of standards applied in a standard way to interpret the legal regulations of a given case.
Its main objective is to standardize the interpretation process, to guarantee fairness and similarity in decision-making.
Consequently, hermeneutics tries to break down the real meaning of each legal text, so that its application is always fair, clear and irrefutable for each case.
Main characteristics of legal hermeneutics
- It is the study of the rules and mechanisms to be used to interpret legal texts. These rules must be very clear, systematic and methodical, in order to avoid ambiguity during the interpretive process.
- It is an interpretation framework that provides the judge or the body in charge of the decision with the guides or tools necessary to facilitate the issuance of the verdict.
- Avoid making the decision to make subjective, partial or emotional. If the entity in charge sticks to hermeneutics, the probability of making a wrong decision will decrease considerably.
- Guides the interpretation of legal texts and the contrast of the theoretical bases with the context of application. Legal hermeneutics is comprehensive and its application implicitly depends on the environment.
- The application of hermeneutics goes hand in hand with the understanding process chosen by the person or entity in charge of making the decision; that is, it varies depending on the observer.
- It is not focused on the intentions or intrinsic subjectivities of the legislator. It only refers to establishing the true meaning, meaning and scope of the legal regulations.
Hermeneutical Interpretation Methods
Legal hermeneutics can be implemented from different perspectives. Some of the most representative methods of hermeneutical interpretation are the following:
1- Grammar method
Through this method, the legal norm is interpreted using the logical meaning of the words, considering the reading of the entire text; that is, the interrelation with the other words.
2- Teleological method
Teleology studies the final cause or purpose of things. In this sense, the particularities of each law or regulation are analyzed, in order to understand the scope of application.
3- Evolutionary historical method
It takes into account the historical and social context in which the legal norms were dictated.
This method is closely related to the evolution of the laws over time.
4- Economic method
It considers the economic consequences of the application of the regulations, as well as its implication as part of a system based on the legal system.
References
- Berducido, H. (2013). Legal Hermeneutics. Recovered from: lichectorberducido.files.wordpress.com
- Council of the Federal Judiciary (2014). Hermeneutics and legal interpretation. Mexico DF, Mexico. Recovered from: ijf.cjf.gob.mx
- Legal Hermeneutics (2009). The Guide 2000. México DF, México. Recovered from: laguia2000.com
- Luz, P. (2013). Legal Hermeneutics. Recovered from: docenteuniciencia.blogspot.com
- Meaning of Hermeneutics (sf). Recovered from: meanings.com
- Treviño, A. (2012). What is Legal Hermeneutics and what is it for? Recovered from: fiscalito.com