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Interpretation of Law in the Age of Enlightenment

Part of the Law and Philosophy Library Book Series (volume 95)

Editors: Morigiwa, Yasutomo; Stolleis, Michael; Halperin, Jean-Louis

DOI: 10.1007/978-94-007-1506-6

ISBN: 978-94-007-1505-9

Publisher: Springer Netherlands - Springer Journals

Jun 3, 2011

1 - 10 of 10 Chapters

Available

Judicial Interpretation in Transition from the Ancien Régime to Constitutionalism

Stolleis, Michael

Pages: 3 –17

[If every law requires interpretation, the central question becomes: who will interpret it? In the time of absolutist kingdoms, the central political power did not allow diverging interpretations. The judge was little more than an instrument in the hand of the sovereign. From the second half of...
Available

Legal Interpretation in France Under the Reign of Louis XVI: A Review of the Gazette des tribunaux

Halpérin, Jean-Louis

Pages: 21 –43

[This chapter examines judicial interpretation of the law during the final years of France’s Ancien Regime: in particular, the 15 years of Louis XVI’s reign that preceded the French Revolution. I shall explore this interpretation through the lens of a periodical law report from the period, called...
Available

Legal Interpretation and the Use of Legal Literature in 18th Century Law Reports of the “Parlement” de Flandre

Dauchy, Serge

Pages: 45 –57

[In 1667, the southern part of the Spanish Low country was conquered by Louis XIV, and came under French sovereignty. In the same year, a high court of justice was created in Tournay, not only as an expression of sovereignty in the newly conquered territory, but also as a guarantee of local...
Available

The Object of Interpretation: Legislation and Competing Normative Sources of Law in Europe During the 16th to 18th Centuries

Mohnhaupt, Heinz

Pages: 61 –89

[The subject-matter of interpretation consists of legal sources, and, among these sources, statutes in particular. Any investigation of the nature of interpretation is therefore predicated upon a prior presentation and analysis of the texts which are to be interpreted. The interpreter has to take...
Available

The Concept and Means of Legal Interpretation in the 18th Century

Schröder, Jan

Pages: 91 –105

[Two developmental tendencies from the 16th to the 18th century are fundamentally apparent: first, the concept of interpretation became more restricted as interpretation came to consist only of determining the meaning of a law; of identifying the legislator’s intention. Interpretation no longer...
Available

“Needs” – Pandectists Between Norm and Reality

Haferkamp, Hans -Peter

Pages: 107 –121

[The development of legal interpretation between the 17th and 19th centuries is commonly described in terms of a growing adherence to the legislator’s words. Since the end of the 18th century, scholars of antique Roman Law thus had to deal with the dangers of adhering to legal texts from an...
Available

Interpretation by Another Name

Yasutomo, Morigiwa

Pages: 125 –138

[This chapter hopes to provide an explanation of the relationship between judicial interpretation, and interpretation in general. To this end, interpretation is described as a process of augmenting knowledge. Interpretation is never-ending, due to the peculiar property of the medium in which...
Available

What Is Interpretation of the Law for the French Judge?

Troper, Michel

Pages: 139 –151

[There are in France two different and to some extent contradictory conceptions of the role of judges in interpretation. According to the first, which goes back to the Enlightenment, the function of judges is limited to a strict application of the law, i.e. statutory law. Because of a widespread...
Available

The Craft of Legal Interpretation

Wendel, W. Bradley

Pages: 153 –178

[Legal scholars sometimes demand too much from legal determinacy or objectivity. In order for the law to perform its social function, it must be possible to identify well grounded legal positions and differentiate them from positions that lack sufficient support in the law. Using the example of...
Available

Legal Interpretation in 18th Century Europe: Doctrinal Debates Versus Political Change

Halpérin, Jean-Louis

Pages: 181 –187

[The historical debates about legal interpretation are, simultaneously, products of the longue durée from as far back as Roman origins, and the outcomes of more recent contexts. From this perspective, the period between the end of the 17th century – with the works of Hobbes, De Luca and Domat –...

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