Publication details

Empirické zkoumání metodologie interpretace práva

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Title in English Empirical investigation of legal interpretation methodology
Authors

MALANÍK Michal

Year of publication 2019
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Doi http://dx.doi.org/10.5817/CPVP2019-2-1
Keywords Legal Interpretation; Methodology; Empirical Research; Empirical Legal Studies; Judiciary; Decision-Making Process; Law-Making; Legislator; Explanatory Report
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Description This paper focuses on the possibilities of empirical research in the field of methodology of legal interpretation. It briefly discusses the scope of research in literature both domestic and foreign and informs about the most important foreign research on the subject. Although the primary interest is placed on the legal interpretation in the application process, especially how to study the interpretation procedures of judges, the paper does not forget the law-making stages, where the interpretation methods are also necessary to be considered. The paper also offers selected results from the pilot research conducted with several judges of the Supreme Court. © 2019 Masaryk University. All rights reserved.
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