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Larenz legal interpretation Review

Author: SunZuoYa
Tutor: WangHong
School: China University of Political Science
Course: Logic
Keywords: Larenz Legal interpretation methods Background Content and features Significance and limitations
CLC: D90
Type: Master's thesis
Year: 2010
Downloads: 496
Quote: 0
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Abstract


Karl Larenz (Karl Larenz, 1903 to 1993) as the German law methodology authority representative, his famous masterpiece \produced a far-reaching impact, the German mainstream school of law by the history of law, taking into account the interests of law to the current law and the stability of a new evaluation method of contemporary jurisprudence. Among them, the book's core essence of the theory - the legal interpretation - even since its inception, has aroused a great response, it not only reflects the Larenz methodology system of jurisprudence theory the most dazzling light, but also has important theoretical and practical significance. Even if we study them today, are still regarded as too. Given the legal interpretation theory Larenz important position and positive role, this article intends divided into three chapters, traced to explore the legal interpretation method produces Larenz theoretical background and practical background on the basis of not only reveal the Methods theories include the main content and its own characteristics, will objectively evaluate the significance of the theory and limitations. This first chapter introduces the legal interpretation Larenz the background. If you want to study a theory, it must be clear that it produces theoretical background and practical background and involve the relevant content, it is essential to study not only the path, and the expansion of the problem discussed is also extremely important. Section will fully discussed its theoretical background, that is, from the interests of the steering law jurisprudence to evaluate the overall legal order system to explore the growing concern; second section will detail its practical background that the judicial practice of the urgent need to fill the legal loophole judge the legitimacy of pursuing cases referee requirements. The second chapter, a detailed analysis of the legal interpretation Larenz content and features. The first section outlines the legal interpretation methods Larenz main elements: literal interpretation, context explains the legal sense, the history of the intention of the legislator's requirements, objectives and norms explain ideas, objective teleological interpretation, Constitutional Interpretation . Section II describes the theory Larenz legal interpretation differs from other methods of legal interpretation most important feature of the theory that it is not only a legal interpretation of previous theories inclusive, for the first time a legal distinction between the law and beyond continued making law law continued making. For previous related theories absorb and learn, I will mainly exemplified Savigny's \. \In the third chapter, focused on the legal interpretation methods Larenz significance and limitations. I believe that, in the sense, the legal interpretation advocated by Larenz method not only provides a set of value judgments ex post review of the criteria for achieving the goal of the rule of law has methodological significance; also helps to judge the law applicable by the uncertainty sex leads to uncertainty, to prevent the wanton judicial discretion exercised. However, this theory also has many limitations, such as: a child not exhaustive division parent logical system resulting in lack of completeness; legal interest method to measure the subjective value judgments is not an objective of the task is satisfactorily implemented; bit too idealistic sort order for judges to interpret the law does not have a universal; lack of legal argumentation theory, is not conducive to the elimination of a legal interpretation of the results and Multiple Solutions contradiction between phenomena.

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