Roles of Comparative Law to Legal Interpretation and Application

5207 Words Apr 22nd, 2013 21 Pages
COMPARATIVE LAW
2013
GROUP 6 – CLC35 1/1/2013

Role of Comparative Law to legal interpretation and application

Role of Comparative Law to legal interpretation and application

Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of
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It may be then be divided into 3 sorts; according to the different means it makes use of for obtaining its end.
These 3 sorts of interpretation are: literal, rational, mixed. 1. Literal interpretation is when we collect the intention of the writer from his words only, as they lie before us. 2. Rational interpretation is when his words don’t express his intention perfectly, but either exceed it, or fall short of it, so that we are going to collect it from probable or rational conjectures only. 3. Mixed interpretation is partly rational, partly literal. When his words, though they do express his intention, when rightly understood, are in themselves of doubtful meaning, and we are forced to have recourse to like conjectures to find out in what sense he used them.
Example:
As we know that in common law, the competence in legal interpretation and application is of the court. In England, the judge can change every document to avoid those stupid things. This activity is one of the parts in interpreting law of the judge.
The other activity is “Fill the splits” of the documents. So when do the documents have the splits?
The Documents have the splits when :
1. There are unclear things exist in the documents that can be explained commonly.
2. When the documents don’t notice to problem that the documents don’t pay attention at
3. When the supplies of the documents to problems make the