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Shylock and cascade of correlations

Publication at Faculty of Law |
2023

Abstract

The specificity of the interpretation of the law lies mainly in its purpose, which is to set a concrete obligation for an individual subject. Thus, the interpretation of the law can be understood as a procedure to ensure that what is generally established is consistent with what is applied specifically in the individual case.

Interpretation as a transfer of a generally and (mostly also) abstractly formulated obligation to an obligation formulated individually and concretally. However, the interpretation - as a part of the law application process- is usually identified only with the "concretisation" which is related to the degree of abstractness of the general rule below which the factual situation in question is subsumed.

Using the example of Shakespeare's famous play The Merchant of Venice, the paper shows that the interpretation of the law already occurs in connection with the selection of the correct norm from among possible alternatives, thus following on the concept of Pavel Holländer, who understands the application of law as a cascade of correlations.