TELEOLOGICAL INTERPRETATION
Abstract
Interpretation can briefly be defined as assignment and determination of real meanings
of materials. According to Savigny the elements of interpretation are; grammatical,
logical, historical and systematic elements. we can examine the purpose of the
legislator and the law through teleological interpretation. The balance of benefits is
significant in settlement of disputes. It can be obtained by teleological interpretation
method that what benefit is given importance by the law. The teleological interpretation
increases its importance Especially where the grammatical interpretation method
is inadequate. The applicability of teleological interpretation can be discussed in the
branches of Private Law, Public Law and Bi-juridical/Mixed Law. Examination
of teleological interpretation is also seen in dealing with scientific approach of law.
The purpose of law is searched by the effort of legal positivism in considering the
law as scientific and by sociological law perspective in benefiting from sociological
data. According to natural law movement, law brings the source from nature and
nature is willing to reach excellence
Keywords
Interpretation, Teleological Interpretation, Scientology of Law, Legal Positivism, Sociological Law.
References
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