Publikace na Právnická fakulta |
2016
Abstrakt
Codified continental law is traditionally interpreted by four classical interpretive methods, firstly introduced collectively by Savigny. Although for example France uses a classical two-element system (interpretatio grammatica and interpretation logica) and Poland uses a three-element system (see above), we can always find basic ideas of grammatical, systematic, historical and teleological interpretation.
The paper aims to show that these four methods form the core of European legal culture. The four principles are partly derived from Roman law and partly from the 19th century jurisprudence, and all the various legal arguments can be subsumed under one of them.