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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 31 No. 3-4, 2015.

Original scientific paper

MORE ABOUT TELEOLOGICAL ARGUMENTATION IN LAW

Žaklina Harašić ; Law School of the University of Split

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Abstract

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.

Keywords

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

Publication date:

30.12.2015.

Article data in other languages: croatian

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