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Duty of the Court and its Interpretation of Legislature - Coursework Example

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The following paper highlights that jurisprudence is an integral part of the interpretation of courts about the laws made by the legislature. In the above case, the theories of Hart and Derrida can be used to analyze or discuss the courts’ interpretation of laws. …
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Duty of the Court and its Interpretation of Legislature
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Download file to see previous pages Consequently, the unnecessary strain that is being imposed on the judicial system is making judiciary to do the work of the legislature. Ernest Bruncken quotes Vandereycken about the three stages in the development of judicial interpretation as the literal state, logical stage, and the positive stage. The interpretation of significant finds in logical and positive stages as logical stage considers the will of lawgiver and respect for it. Whereas, the positive stage the law can be seen as the product of economic and social forces working through lawgiver and finding expression accordingly. Hence, in this case, the question about the power and duty of the court to travel outside the law on a voyage and discovery comes to the fore. The metaphor in the above sentence deals with the nature of interpretation that deviates from the original meaning and logic of the law considered. Hence, in the context of court interpreting the law in a positive stage, the exigencies of social life will be the sole consideration of the court (Ernest Bruncken, 2009).
Hart’s theory and concept made a greater impact on contemporary positivism as he applied the radical insights of the new linguistic philosophy. According to Tebbit Mark (2000), he explained the central problems of jurisprudence with sound theoretical footing and tried to do simplify the complexity of the law. As Hart acknowledged the value of Bentham and Austin’s efforts of clarification and tried to expose the weaknesses of classical common law, he tried to establish the power of Courts to go beyond the intentional meaning of the law to interpret according to the social situations. As he expressed reservations about some areas of law as serious obstacles in the path of genuine understanding, he viewed the interpretation of courts about the law as the articulation of pre-existing good. Hart disagreed with Hobbes and Austin about the positive form of command theory and supported the revealing of true explanatory strength.  ...Download file to see next pagesRead More
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