Author
Heper, Mehmet Altan
Publication Date
2012
Publication Place
-
Ankara Bar Association Presidency
Subject
Interpretation in law, Elements of interpretation, Savigny, Hermeneutics in law, Separation of powers, Savigny, Hermeneutics in law, Juridical interpretation, Elements of interpretation, Checks and balances, Hermeneutic in the jurisprudence
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
1300-9885
Record ID
d3043691-b9e4-4c7b-8809-e1e703f09fa6
Library Location
Law
Date
2012
Sample Text
The issue of interpretation continues to be one of the fundamental issues of general legal theory and legal methodology. Fundamental debates on interpretation in German law essentially concern constitutional law and democratic theory. The issue of interpretation is discussed in the context of separation of powers and the rule of law. When it comes to interpretation in law, Savigny still comes to mind in Germany and all over the world. Savigny summarized the methodological debates of jurisprudence of his time and highlighted four elements of interpretation. Savigny calls these elements grammatical, logical, historical and systematic elements. Savigny is seen as one of the pioneers of hermeneutics in law. By applying the hermeneutic method in law, we determine that the text of the law is not an object that gives the same meaning to every legal practitioner at all times and under all circumstances. The same text means different things to different practitioners., The juridical interpretation is still continuing one of the main topics of the general theory of law and juridical methodology. The debates in the German law focus mainly on the constitutional law and the theory of democracy. The topic of the interference is discussed in relation to the checks and balances and the rule of law. If we mention the interpretation in Germany and in the whole world, we remember still Savingy. Savigny summarized the methodological debates in his time and he pointed out the four elements of the interpretations. Savigny called these elements as grammatical, logical, historical and systematic elements. Savigny is also regarded as a pioneer of the hermeneutic in the jurisprudence.