On logical interpretation

Szerzők

  • Zoltán Tóth J.

DOI:

https://doi.org/10.59558/jesz.2025.3.196

Kulcsszavak:

legal interpretation, logical interpretation, logical formulae, argumentum a fortiori, argumentum a contrario, argumentum a simili, argumentum ad absurdum, analogy, teleological reduction

Absztrakt

The issue of legal interpretation is one of the most important research matters of jurisprudence. In order to be able to apply written legal texts, we need to be able to determine their meaning or possible range of meanings. Perhaps the most interesting method is the so-called logical interpretation, which helps to determine the meaning of legal texts with formulae derived from formal logic, but in fact also containing the evaluation of the person performing the interpretation. The present study reviews the basic characteristics of logical interpretation and then analyzes its different formulae. Its final conclusion is that the so-called logical type of legal interpretation is only a quasi-logical one, and by using different formulae, based on the individual evaluation of the interpreter, the different meanings of the given legal text can also be derived in ways that are all legitimate and can be equally protected in legal practice too.

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Megjelent

2025-11-16

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