Define: Interpretatio

Interpretatio
Interpretatio
Quick Summary of Interpretatio

In Roman law, the term “interpretatio” refers to the opinion of a legal expert, known as a jurist, who was not a lawyer or advocate in court. Initially, these opinions were not legally binding, but they later gained binding authority through the Law of Citations in 426 AD. Specifically, the opinions of five jurists were granted the power of binding force.

Full Definition Of Interpretatio

Interpretatio refers to the opinion of a legal expert who interprets the law, without participating in court arguments. These experts, known as jurists, were initially not binding. However, in A.D. 426, the Law of Citations was established, making the opinions of five jurists legally binding. Consequently, judges are required to adhere to these opinions in court. For instance, if a judge is uncertain about how to interpret a law, they may consult a jurist who would provide an interpretatio, or an opinion on how the law should be interpreted. This opinion would then be considered legally binding, obligating the judge to follow it. Moreover, if all five jurists provide the same interpretatio on a specific law, judges must adhere to it, regardless of their personal disagreement. In conclusion, interpretatio is the opinion of a legal expert who interprets the law, and the Law of Citations made the opinions of five jurists legally binding.

Interpretatio FAQ'S

Interpretation refers to the process of understanding and explaining the meaning of laws, contracts, or other legal documents. It involves analyzing the language used and determining the intent behind it.

Interpretation is crucial because it helps ensure that laws and legal documents are applied correctly and consistently. It helps resolve any ambiguities or uncertainties in the language used, allowing for fair and just outcomes.

The responsibility for interpreting laws lies primarily with the judiciary, specifically the courts. Judges and justices are tasked with interpreting laws and applying them to specific cases brought before them.

Yes, interpretation of laws can evolve and change over time. As societal values and norms shift, courts may reinterpret laws to align with the changing circumstances and needs of society.

Strict interpretation, also known as textualism or originalism, focuses on interpreting laws based solely on the plain meaning of the text and the original intent of the lawmakers. Liberal interpretation, on the other hand, allows for a more flexible approach, taking into account the context and purpose behind the law.

Courts use various methods to determine the intent behind a law, such as examining the legislative history, considering the purpose and objectives of the law, and analyzing any relevant precedents or legal principles.

Yes, interpretation of contracts can be challenged if there is a dispute or disagreement between the parties involved. In such cases, courts may be called upon to interpret the contract and determine its meaning based on the language used and the intent of the parties.

If there is an ambiguity in a legal document, such as a contract or statute, courts will strive to resolve the ambiguity by applying various interpretive techniques. This may involve considering extrinsic evidence, the context in which the document was created, and the overall purpose of the document.

While judges and justices strive to be impartial, personal biases can sometimes influence the interpretation of laws. However, the legal system has checks and balances in place, such as appellate review and the presence of multiple judges, to minimize the impact of personal biases on legal interpretation.

Yes, interpretation of laws can be challenged or appealed if one party believes that the interpretation was incorrect or unfair. The party can seek a higher court’s review to reconsider the interpretation and potentially overturn it if deemed necessary.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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