Wasiq and Magoge on the Epistemology of Legal Maxims and Hermeneutics in Common Law Jurisprudence

Mohammad Rasikh Wasiq, ILS Law College, and Jackson Simango Magoge, National Institute of Transport; NALSAR University of Law, have published Epistemology of Legal Maxims and Hermeneutics in Common Law Jurisprudence. Here is the abstract.

The objective of this seminal inquiry is to elucidate the nuanced paradigm of legal interpretation and reasoning inherent to the common law milieu by interrogating the hermeneutics of legal maxims through an epistemological lens. This research endeavors to delineate an analogy between the theoretical constructs and practical manifestations of common law principles and legal maxims, thereby illuminating their evolving interpretive frameworks and intrinsic scientific value.The analysis encompasses several salient dimensions: the nature of interpretive mechanisms; the interplay between legal innovation and its socioeconomic ramifications; and the historical evolution of legal maxims, particularly in relation to the interpretation of criminal cases across diverse jurisdictions. To yield substantial insights into the interpretive clarity of legal maxims and to navigate the dialectic between ambiguity and interpretation, this study employs a rigorously conceived analytical framework, specifically tailored to accommodate the inherent complexities and paradoxes of legal maxims.It is pertinent to note that this study is confined to the practices of common law and predominantly utilizes doctrinal research methodologies. In doing so, it establishes a robust foundation for identifying the junctures where contemporary jurisprudential challenges intersect with traditional legal maxims. By engaging with the epistemological underpinnings that shape and define legal thought within the common law framework, this investigation aspires to further enrich the discourse on legal hermeneutics, advancing our comprehension of the mechanisms through which legal meaning is constructed and contested.

Download the article from SSRN at the link.