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MORE ABOUT TELEOLOGICAL ARGUMENTATION IN LAW

Žaklina Harašić ; Pravni fakultet Sveučilišta u Splitu

Sažetak

Teleological argumentation is a means of legal interpretation. Much has been written about legal and teleological argumentation. Why do we then deal with it again and what else can be said to this? There are two reasons for this that we would like to point out. Firstly, there is consensus in legal theory only about the statement of teleological argumentation that the best or real meaning of legal provision is the one expressing its goal. However, teleological arguments can have several aspects (subjective and objective teleological arguments). They are close in meaning to other arguments (in particular to the historical ones) and appear under various names: contextual arguments, functional arguments, arguments from purpose, political arguments, arguments from the intention and arguments from substantive reasons. Secondly, given that the teleological argumentation seeks the best meaning of legal norms, it is the most popular method of explaining (reasoning) used both at certain national courts and at the European Court of Justice. The method is applied by the European Court of Human Rights too.

Ključne riječi

teleological argument; historic argument; subjective theories of interpretation; objective theories of interpretation; static theories; dynamic theories

Hrčak ID:

155851

URI

https://hrcak.srce.hr/155851

Datum izdavanja:

30.12.2015.

Podaci na drugim jezicima: hrvatski

Posjeta: 6.797 *