In the article we will talk about what types of interpretation are. This is a rather interesting topic, which does not receive much attention. In fact, various laws, acts and regulations can be interpreted quite differently. And it all depends on which way of interpretation you choose. Let's try to delve into this topic and study it fully.
What is this about?
The fact is that in order to correctly interpret the rules of law, you need to be well-versed in them and have a deep knowledge of the basics of legislation. The choice of means of interpretation largely depends on what legal norms we are considering.
It is believed that the object of interpretation is a whole complex of various legal acts. As the subject, they consider the will of the drafter of the law, who wants to express his thought in a particular act.
Necessity
It is believed that there are several reasons for the correct interpretation. We list them:
- The ability to use legislation that is written in a common language for use in specific life situations.
- The need to explain to ordinary citizens complex legal terms, concepts and abbreviations.
- The need to avoid complex constructions and ambiguity of presentation, which, one way or another, is inherent in all legislative acts, which gives them ambiguity. This may be misunderstood and misinterpreted by non-professional people.
- Actions aimed at ensuring that the essence of the law is consistent with what the legislator put into it.
At the same time, I would like to note that the concept and types of interpretation are quite universal, since they are necessary in any fields of activity. This allows public servants and ordinary people to correctly understand and use certain acts. In other words, the correct interpretation allows you to develop the legal side of a person and educate him from a legal point of view.
Definition
The interpretation of law, the explanation of which we will now give, gives the most complete and deep understanding of this term. So, by it we mean the process of understanding the essence of the legislative act, which is necessary in order to understand the meaning and explain it to someone else. This term also refers to intellectual activity, which is aimed solely at clarifying for oneself and explaining to another the meaning of a document.
Items
Types of interpretation cannot be imagined without basic elements. It is believed that there are only two of them.
The first is the interpretation and explanation, which consists in the need to state the essence of a document to unauthorized persons or ordinary citizens who have no relation to the legal side of life. There is another clarification, which consists in the fact that a person studying a particular document is trying to understand its meaning for himself. In other words, we can say that clarification is an explanation for oneself.
Note that in order to better understand the essence of an act, it is very useful to explain it to someone else. All this follows from pedagogy, because such an activity allows you to better understand the relationship between what you just learned.
Ways
There are several ways of interpretation. We will consider each of them. Before this, we note that there are quite a lot of legal acts and documents, which means that there must be a certain approach to each of them. That is why there are different methods. There are four ways of interpretation that rely on these four pillars:
- Philology.
- Systematics.
- Story.
- Logics.
So, we will consider each of them in order.
When the interpretation occurs from a logical point of view, it allows you to understand the essence of a legal document based on morphological and syntactic rules. In other words, we delve into what words are used and how they interact in order to understand the main idea of the author. Much attention with this method of interpretation is given to various conjunctions, participles and verbs. We are well aware that sometimes the meaning of the whole proposal depends on where the union stands. And the most interesting thing is that it is changing dramatically.
Interpretation based on a systematic approach allows you to properly structure various texts. In other words, you can try very hard to understand this or that document, but still not achieve your goal. The whole point will be that for understanding it is necessary to turn to other sources so that they help clarify the main idea. Such a method of interpretation is resorted to quite often, since this cannot be avoided in legal subjects. Very often, additional explanatory sheets go to complex scientific articles and appeals, which allow readers to really understand the author’s train of thought. It should be borne in mind that using this method of interpretation is very important, because in law there are often cases when one norm partially contradicts another, or they reinforce each other. There are times that they can only work in collaboration.
The logical interpretation is that we use certain logical techniques and rational thinking in order to verify the accuracy of the statement. Most often they resort to such methods as analysis, logical conclusions, conclusions, drawing parallels, thinking from the opposite, absurdity, elimination of superfluity, synthesis.
If we interpret on the basis of the historical method, we get very comprehensive knowledge that allows us to understand the origin and meaning of a document. We rely on certain knowledge and documents of the past, which allow us to find the logical relationships and reasons that caused the appearance of the document. The biggest role is played by various legal processes in the past, namely discussions, articles, explanatory notes, etc.
Kinds
The types of interpretation depend largely on the subjects who are involved in explaining the meaning of the document. We have said above that there are explanations and clarifications. So, the clarification can be official and unofficial. Let's talk about this in more detail.
The official clarification is that it comes from a state person or a specific authority that has special permission to convey the meaning of special acts. Moreover, he forms his thoughts in a special document, which is certified with seals and is intended for a certain circle of people. Moreover, the interpretation may be normative and personal. The latter is also called casual.
Normative means that we describe the meaning of a document based on general cases. That is, we are considering a general situation, which is just a typical example. At the same time, any specific legal norms are not involved. A personal or casual interpretation is that the document is explained on the basis of the specific case in which it is applied. The main purpose of this interpretation is to understand how a particular document can help in solving a specific problem.
Unofficial interpretation
Interpretation of the contract may occur unofficially. What does this mean? This means that the interpretation is not mandatory from a legal point of view, that is, it may be of a personal interest. This means that a lawyer, lawyer, judge or other representative of the law can orally or in writing explain any amendment or article.
In turn, the unofficial interpretation is divided into three types. The first view is an ordinary explanation. It lies in the fact that a person who is connected with state acts in his professional activity can explain a document with his family or friends. The next view is a professional interpretation. It is given by professionals in their field, their activities are recorded by relevant documents. This may include consultations of lawyers, lawyers, etc. Also, the interpretation may be research. This means that it is used in various books, writings, monographs, etc.
Interpretative acts
Very often they contain enough information in order to understand the meaning of a document. In fact, interpretative acts are synonymous with interpretation. The fact is that they contain very detailed information on any issue, but do not contain various complex terms that only complicate the perception. Similar acts are divided according to some signs:
- Methods of official interpretation. Note that if this is a normative interpretation, then it is given by the supreme authorities. Interpretations of a personal nature are given by local and administrative authorities.
- The legal essence. Documents are defined that allow you to create additional acts and use them. This is their legal essence.
- Force. Legal force is different in the official and unofficial interpretation. The official interpretation documents include various decrees and decrees from public authorities. Documents of an unofficial interpretation include various textbooks, comments, explanations, etc. All this does not have sufficient legal force to be taken into account in any given process. The value of such a statement largely depends on the authority of the person who provided the explanation, as well as on the level and quality of the arguments presented.
rules
The interpretation of the Constitution of the Russian Federation takes place according to certain rules that apply to the interpretation of various documents and acts. Consider the basic rules:
- Various specialized terms of a technical or scientific nature are given the interpretation that they have in their native field of knowledge, unless reservations are specified in the law.
- The interpretation of the rules should be based on strict adherence to the literary language. So, all words should be interpreted based on their real meaning, without distortion and speculation. An exception may be if the legal act specifies the features of how to use a particular term.
- If an authorized person or a special official public authority has already given an explanation to a particular law, then this interpretation must be followed and its force taken into account in its practice.
- If there is any difficulty in interpreting, then you should choose the fairest option, which may correspond to the main idea and general rules of the legal system.
- It is very important to take into account other acts with which the student is in close relationship. You should also take into account various international documents and classic scientific views on a particular issue, and an explanation of specific terms.
- In some cases, it is necessary to separately establish the motives that led the author in creating this or that position.
Note that in addition to all of the above rules, it is also very important to take into account generally accepted legal norms that are enshrined in documents of the highest level. Interpretation is a synonym for interpretation, which is why it is worth paying great attention to how accurately and clearly the thought of the legislator will be conveyed. It is very important not to add personal views and points of view when explaining.
Result
The interpretation of the contract is designed to obtain a specific result. It most often consists in the fact that we can use the norms of a certain document in order to solve a specific situation. In other words, effectiveness depends on whether we were able to apply the text in order to protect our interests and prove that we were right. As we know, types of interpretation include formal and informal explanations. So, in order to get the best result, it is better to refer to the official sources of interpretation. They will allow you to examine the document in more detail, study it in interaction with other acts and make maximum use of key provisions. It should be noted that a specialist who interprets a document should explain it not only literally, but also broadly. In other words, it should not only convey the essence of the document, but also explain to citizens what is the point, how it will affect legal relations and what consequences it will have.
It should be noted that the result of the interpretation depends on a number of reasons, but not the least among them is the technical and legal design of the text, as well as the quality of professional training of the person who formulated the document.
As you can see, the types of interpretation can be very different. It all depends on who is involved in this issue, what powers it has and what goals it pursues. When solving standard problems, ordinary citizens are better off contacting lawyers and attorneys who can provide a simple and uncomplicated interpretation of the terms. In exceptional cases, when the situations are really large-scale, it is better to turn to official sources, which are presented by the highest authorities.
It is not recommended to try to independently understand the complex issues of this level, because this is likely to lead to the fact that you are completely confused and confused. While you are doing this, you will lose precious time that could help in solving a particular situation. Always remember that the state provides a reliable legislative framework that allows you to regulate conflicts at any level and peacefully resolve any disputes that arise.