Judicial interpretation as a way of clarifying and clarifying civil law acts
Relevance. Judicial interpretation plays an important role in clarifying and clarifying the content and meaning of civil legislation. The high-quality interpretation of civil law acts by judicial authorities enhances judicial protection of subjective civil rights and legitimate interests. In the theory of law and civil law, there is no consensus on the designated method of scientific and legal cognition. Purpose: to find out the features, purpose and content of judicial interpretation, to justify the author's proposals for its further improvement. Research objectives: to define the concept, content and features of judicial interpretation, to analyze its relationship with other methods of scientific and legal cognition, with official, normative and casual methods of interpretation (clarification, clarification), to find out the importance of philosophical hermeneutics of the legal positions of the highest judicial authorities for judicial interpretation, to give a legal assessment of the legal, logical, systematic and normative methods of judicial interpretation; to understand the role of generalizations of judicial practice in the knowledge of normative legal material. Methodology. The research uses universal (philosophical), general scientific (logical) and special methods of civil knowledge. Results. Judicial interpretation is one of the types of official, delegated, specially professional, general and (or) causal clarification and clarification of the content and meaning of the normative legal acts applied by the court. Judicial interpretation is based on dialectics, materialism, historicism, formal logic, legislative delegation, comparative jurisprudence, and a systematic approach. Conclusion. Judicial interpretation is an important method in the system of civil methodology. It seems unreasonable to classify judicial interpretation into legal, logical, systematic, grammatical, since all types of official and unofficial interpretation are legal (permitted by law) and are based on formal logic, general scientific (logical) methods of scientific and legal cognition. A "literal" rather than a "grammatical" interpretation is more acceptable. In the situation under study, the term "systematic interpretation" is also not appropriate, since interpretation takes into account the systematic method of scientific research.
Authors
- Yu. N. Andreev
Institutions
- Southwest Minnesota State University (US)
Publication Details
- Journal
- Proceedings of the Southwest State University Series History and Law
- Published
- 2025-05-10
- DOI
- https://doi.org/10.21869/2223-1501-2025-15-2-131-142
- Primary Topic
- Legal and Regulatory Analysis
- Type
- article
- Field-Weighted Citation Impact
- 0.00