Acta Universitatis Danubius. Juridica, Vol 15, No 3 (2019)

The Interpretation of Law and Social Practice

Fejzulla Berisha, Blerim Berisha

Abstract


The legal interpretation of the legal norm is important for the normal functioning of state bodies’ activity, respectively official persons, citizens and associations in the discovery of the will of the creator of legal norm. With other words, this process is an activity that is done by state bodies in the function of identifying the real meaning of the content of the legal norm. Interpretation in general, as a scientific-professional process, is an activity which explains the meaning of material phenomena with the purpose of their transmission. This material phenomenon is qualified as the carrier of the meaning that is presented by the sign. Therefore, for the interpretation of the right, respectively legal norm, the starting point is knowing the normative frame and then comes the analysis of its constitutional parts, the comparison other relevant laws and acts.

When legal norms contain legal gaps, this entails the fact that these norms have to be interpreted, respectively clarified in order to give directly give their real meaning. In general, laws of logic are also subjected to interpretation, which require preliminary significant philosophical knowledge. In our positive law, respectively in the criminal code the implementation of law by analogy is not allowed. Continuing towards the implementation of the principle of legality, sanctions “nullum crimen, nulla poena sine lege”, which with other words means that no one can be sentenced for penal act, which is not predicted before in the positive paw and for which exists a sanction by the legal disposition. Therefore, analogy only serves in cases when we deal with legal gaps and this exclusively in civil cases, while solving cases with analogy is strictly forbidden in the criminal law.


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