History of Interpretation of Statutes

  • Arpana Rishiraj Gautam
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  • Arpana Rishiraj Gautam

    Student at Thakur Ramnarayan College of Law, India

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Abstract

This project tells an interesting journey to interpret the statutes throughout history. Legal interpretation, which forms the basis of legal practice, has evolved over the centuries as a result of cultural, philosophical and legal influences. This study begins a comprehensive study of the historical trajectory of legal interpretation, highlighting key changes in methodology, ideology, and contextual factors that led to these changes. The research begins with the study of ancient legal systems such as Mesopotamian, Roman and English law which shows how early societies interpreted legislative texts. It then examines the emergence of formal legislative bodies and their influence on the formation of legal interpretation in the medieval and early periods. Prominent jurists such as Coke and Blackstone are recognized as key figures who laid the foundations of modern interpretive approaches. Interpretation saw a wave of rationalism and a move from strict textualism to a more objective interpretation of the law. These changes are examined along with the impact of legal positivism and natural law theory on interpretive methodology. The researcher also examines the nuances that emerge as a result of the rise of legal codes and their interaction with the evolving principles of interpretation. In addition, the project explores the influence of legalistic approaches in the 20th century, challenging traditional approaches and introducing sociological and contextual considerations into translation. Current analysis is associated with the proliferation of specific rules and the proliferation of specific interpretation methods. Through a comprehensive review of historical legal texts, major events, and scholarly discourse, this project explores the dynamic nature of legal interpretation. By tracing the evolution of methods and ideologies, it provides valuable insight into the complex interplay between the dynamics of law, society, and philosophy that contributed to the development of this important jurisprudence. As the legal system continues to adapt to the complexities of modern society, a thorough understanding of the historical basis of legal interpretation is essential for practitioners and scholars.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 732 - 738

DOI: https://doij.org/10.10000/IJLMH.115795

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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