Open AccessTechniques of the teleological method of interpretation of legal norms
Author(s) -
B. V. Malyshev
Publication year - 2021
Publication title -
alʹmanah prava
Language(s) - English
Resource type - Journals
ISSN - 2524-017X
DOI - 10.33663/2524-017x-2021-12-9
Subject(s) - teleology , norm (philosophy) , normative , interpretation (philosophy) , law , dialectic , epistemology , legal formalism , sociology , political science , philosophy , private law , public law , black letter law , linguistics
This article considers subjective and objective approaches to the teleological method of interpretation of legal norms.Upon generalization of the thoughts presented in legal literature, the following list of techniques of the teleologicalmethod of interpretation of legal norms was made: 1) consideration of dialectics of the purpose and means of its achievement; 2) drawing conclusion on the purpose of the norm based on the purpose of another norm; 3) a conclusion on the purpose of the norm with regard to the general direction of the legal regulation of specific relations; 4) taking into account the link between the purpose of the norm and the goals of the more general nature (the general purpose of the normative legal act, the relationship of the norms of the special part with the purposes of the norms of the general part or for the purpose of the institution of law), in so doing goals of higher value and legal force are contained in the forms of law that have the higher legal force; 5) conclusion on the purpose of the norm in accordance with the content of the Constitution; 6) genetic reception of teleological interpretation (study of the purpose of a similar rule of law, which has expired); 7) in the case of an ambiguous understanding of a rule of law, you should choose the option that best meets its purpose.Keywords: norm of law, purpose of the norm of law, teleology of law, teleological (purposive) way of interpretation of norms of law.