Master'sOpen Access

Dworkin's theory of interpretation and its importance in jurisdiction

2021
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Advisor: Doç. Dr. Sercan Gürler

Abstract (EN)

Interpretation is a central concept in literature, in art and in all of science. If we think about legal interpretation, it occurs that is the inference made for the purpose of the legislator. The understanding of the rules being interpreted for the purpose of the legislator has become questionable when the rules are insufficient against the speed of life. Accordingly, with the development of the idea that the rule of law has a meaning beyond the letter and the meaning that emerges from this meaning is the legel norm, it has begun to be interpreted in line with the objectives of the law and in accordance with the Constitutional System. This method strengthened the position of the judge and also put them under a heavy responsibility. The judge, who has to apply the rule of law, which is evident on his or her own grounds, to an existing event, has come to the point of thinking about the issue along with the principles underlying the whole legal system and considering a situation of the parties and the circumstances of the tangible event. Dworkin, who is the advocate of the understanding that law consists of rules as well as principles, argued that the judge should not only have the knowledge of the rules of law, but also use the principles that form the basis of a whole legal order in each case, and in a tangible event. This stated method requires that the judge knows not only the knowledge of the rules of the law, but also the understanding of the philosophy of law and the methodology of the law in terms of understanding the background of sociology and how the provision in question should manifest in a tangible event, having the knowledge of the values of the society in which it lives

Author

Dr. Müslüm Şener

How to Cite

Müslüm Şener (Master Thesis). Dworkin's theory of interpretation and its importance in jurisdiction, 2021, İstanbul University.

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