ТУМАЧЕЊЕ ПРАВА И СВРХА
INTERPRETATION OF LAW AND PURPOSE
Author(s): Ilija JovanovSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Sociology of Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Purpose of the Law; Legislative Intent; Max Radin; Efficiency in Judicial Decision-making; American Jurisprudence;
Summary/Abstract: The author starts from the assumption that the purpose of the law is important when interpreting the text of the law. The problem is that legal scholars, especially those belonging to American jurisprudence, have different understandings of the concept of purpose. In addition, it is often identified with the understanding of legislative intent. Such terminological wandering significantly complicates the interpretation of legal norms. Therefore, in addition to a more precise determination of the purpose of the law, it would be useful to distinguish between the two concepts in order to obtain a functional solution. Contrary to the various theories that introduce confusion and make judges’ work difficult, the mentioned approach could be helpful in solving specific interpretive problems.
Journal: Зборник радова Међународни научни скуп „Изазови и перспективе развоја правних система у XXI вијеку"
- Issue Year: 2022
- Issue No: 2
- Page Range: 159-167
- Page Count: 9
- Language: Serbian