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AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name. |
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STUDIA IURISPRUDENTIA - Issue no. 4 / 2019 | |||||||
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INTERPRETATION VERSUS CONSTRUCTION IN CRIMINAL LAW / INTERPRETARE VERSUS CONSTRUCȚIE ÎN DREPTUL PENAL. Authors: CRISTINA TOMULEȚ. |
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Abstract: DOI: 10.24193/SUBBiur.64(2019).4.4 Published Online: 2019-12-31 Published Print: 2019-12-31 pp. 89-118 VIEW PDF: PDF In the present study, I will discuss the distinction between interpretation and construction in the context of criminal law. To that end, in the first part of the study I will elaborate the distinction in question by presenting in contrast the characteristics of interpretation and construction. Thus, I will distinguish between interpretation as a process of identifying the linguistic meaning of the legal norm and construction as a process aimed at the transformation of that linguistic meaning into legal content. Regarding the aforementioned distinction, I will conclude that interpretation is value neutral whereas construction involves the implementation of different values when offering a legal content to the interpreted norm. In the second part of the study, I will present the main situations in which the construction of legal norms is necessary, using examples of criminal law provisions to illustrate various types of construction. At the end of the study, I will relate the distinction between interpretation and construction to the methods of statutory interpretation, which will lead to the conclusion that only the literal method of interpretation constitutes a tool specific for interpretation, in a restrictive sense. The historical, logical, systematic and purposive methods are actually tools specific for construction. At the same time, I will underline that construction has the nature of a secondary process of rule creation carried out by the interpreter. Keywords: interpretation; construction; judicial interpretation; Criminal law; analogy. |
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