Legal interpretation vs. literary interpretation - a few observations

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Legal interpretation vs. literary interpretation - a few observations

Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2014, Vol 6, Issue 1

Abstract

Interpretation is one of key notions on the convergence axis of law and literature. Both lawyers and literary scholars during their practices focus on interpreting complex language texts, establishing the meaning of expressions, reconstructing the sender’s intention, penetrating the influence of the text on the recipient, i.e. the questions which turn out to be fundamental in both legal as well as literary texts. Analysis of legal interpretation and literary interpretation allows us to notice separateness but also certain analogies between these two spheres of activity. They may be analysed through referring to the specificity of the entities participating in the interpretative practice, which is sender and recipient. The essential difference between interpretation in law and literature consists of the rule that a legal text should be interpreted in the way that produces an unequivocal result. On the other hand, in the case of literary interpretation, it is difficult to reach a precise or unequivocal effect of reading the sense. Moreover, in literary interpretation it is not required. In a legal text and in a literary text the author-sender’s intention plays an important role. However, in the case of literary interpretation it is possible to apply a more flexible approach to the reconstruction of the author’s intention than in legal interpretation, where it is necessary to take into consideration rules and objectives of law only. The separateness of legal interpretation is justified foremost by the fact that it is specific purpose-oriented, which is establishing the meaning of the substance of applicable law.

Authors and Affiliations

Marta Andruszkiewicz

Keywords

Andruszkiewicz teoria prawa filozofia prawa teoria literatury prawo i literatura filozofia prawa prawo i literatura teoria literatury teoria prawa theory of law philosophy of law law and literature theory of literature

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EP ID EP62478
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