OPERATIONAL RULES OF APPLICATION OF THE FORMAL RELATIONS
OPERATIONAL RULES OF APPLICATION OF THE FORMAL RELATIONS
Author(s): Maria Luiza HresticSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Bibliotheca
Keywords: formal logic; juridical interpretation techniques; rules of juridical interpretation; arguments; legal norm; applicative interpretation
Summary/Abstract: There is no “logical method” of interpretation in itself and for itself but the eternal formal logic, whose demands need to be satisfied in the interpretative approach of each of the interpretation techniques. In the following paper we will deal with the rules of logical extraction, based on logical principles and valid for each of the juridical interpretation techniques. At the same time, the rules we have in view, though having for a formal basis the logical principles, are more than just formal rules, engaging contents in their development: value-related options and evaluative criteria, justified and accepted by the interpreter.
Journal: Revue Européenne du Droit Social
- Issue Year: 2010
- Issue No: 2 (07)
- Page Range: 160-167
- Page Count: 6
- Language: English