Pregledni rad
Viskovic’s theory of interpretation
Žaklina Harašić
Sažetak
Nikola Visković is one of the most eminent legal theorists of Croatia and former Yugoslavia. He is the most famous by his synthetic theory of law, which try to explain legal phenomenon by investigating three dimensions – social relationship, values and legal norms. Important part of his work is concerning by legal interpretation. There is several conection between legal interpretation and synthetic theory of law. It is the attitude of legal culturalism, as the part of synthetic thought, that object of interpretation is every relevant legal behaviour, not only legal norms, as traditional normativistic thought thinks. The main thesis of Visković theory of interpretation are: the basic function of interpretation is to find many meanings of legal act which is not clear or have several meanings, and to choose adequate meaning; all legal subjects which have intelectual capacity to understand, that is, construct or reconstruct meaning of legal acts, interpret that; the law is process of interhuman behaviour, and the interpretation is on of the last acts in that process; every legal phenomenon is interpreted by the several methods; value-theological method finds the most adequated meaning of legal phenomenont.
Ključne riječi
interpretation of law; argumentation; language of law; synthetic theory
Hrčak ID:
66425
URI
Datum izdavanja:
5.4.2011.
Posjeta: 10.039 *