INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Legal Methods soru detayı:

PAYLAŞ:

SORU:

What is purposive interpretation(the golden rule)?


CEVAP:

There are two versions of this canon, namely, the subjective-teleological and the objective-teleological interpretation;

• Subjective-teleological interpretation: This form of teleological interpretation is an inquiry into the actual intention of the legislator, which is, therefore, a variation of historical interpretation.
• Objective-teleological interpretation: This form of teleological interpretation requires an inquiry with respect to the sense and purpose of the norm to be applied. It is about the reasonable goals and policy considerations behind the norm to be applied.74 It is about ratio legis of the norm. The ratio or telos is actually the reason for the being of any norm.