Interpretative Importance of Legal Principles for the Understanding of Legal Texts

Law is a system of legal rules and legal principles. The distinction between them is a relative one. Always such definite major and minor premises are to be formed that the case can be subsumed under the rule and a conclusion, which includes the decision, can be drawn. This applies to legal principles that are operationalised by legal rules as well as to statutory forms of legal rules, which are often open as to their meaning and/or contain definitions that comprise elements of principles. The basic characteristic of legal principles is that they are value measures directing the definition of legal rules as to their contents, the understanding of the rules, and the manner of their application. Legal principles aim at a goal, have weight, and define the scope of the meaning within which the legal rules move. The operationalisation of legal principles is the _ratio decidendi_ that the court has to achieve in order to be able to decide in a concrete case. Legal principles live through the rules that are the reasons for the decision in a concrete case. New cases can be solved by a new operationalisation of legal principles or by analogous application of precedents if the new cases, in their essential elements, correspond to cases that have already been decided
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 38,086
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

A Theory of Legal Reasoning and a Logic to Match.Jaap Hage - 1996 - Artificial Intelligence and Law 4 (3-4):199-273.
Rechtsbeginselen en positivisme!?Arend Soeteman - 2009 - Netherlands Journal of Legal Philosophy 38 (1):5-10.
Legal Realism & Judicial Decision-Making.Vitalius Tumonis - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1361-1382.
Do Precedents Create Rules?Grant Lamond - 2005 - Legal Theory 11 (1):1-26.
Legal Taxonomy.Emily Sherwin - 2009 - Legal Theory 15 (1):25.
On Legal Order: Some Criticism of the Received View. [REVIEW]Riccardo Guastini - 2000 - Ethical Theory and Moral Practice 3 (3):263-272.
Honeste vivere.Jonathan Soeharno - 2009 - Netherlands Journal of Legal Philosophy 38 (3):183-185.


Added to PP index

Total views
12 ( #500,909 of 2,313,330 )

Recent downloads (6 months)
3 ( #260,283 of 2,313,330 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature