Rafał Mańko, University of Amsterdam, Centre for the Study of European Contract law (CSECL), has published Ideology and Legal Interpretation: Some Theoretical Considerations in 1 Constitutional Values in Contemporary Legal Space 117 (Kalvis Torgāns et al., Riga 2016). Here is the abstract.
The aim of the present paper is to analyse the actual role of ideology in legal interpretation from the perspectives of legal theory, philosophy of law and theoretical sociology of law. Due to the unavoidable indeterminacy of legal language and the impossibility to predict all potential future situations at the stage of creating legal norms by the legislator, legal interpretation always involves a certain degree of discretionality on the side of the interpreter who fills in the gaps left by the legal materials by solutions consistent with that ideology.Download the essay from SSRN at the link.
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