Interpretation a process through verbal communication
Interpretations is the process through verbal communication or movement between two or more speakers who can not use the same symbols, either simultaneously (known as simultaneous interpretation) or sequentially (known as consecutive interpretation). By definition, the interpretation is only used as a method if needed. If an object (artwork, speech, etc.) is quite clear meaning, the object will not invite an interpretation. The term can refer to its own interpretation of the ongoing process of interpretation or results.
An interpretation can be part of a presentation or depiction of information were altered to conform with a set of specific symbols. That information can be oral, written, pictures, mathematical, or other language forms. Complex meanings can arise when the interpreter whether knowingly or not do a cross-reference to an object by placing it in the framework of experience and wider knowledge.
The purpose of interpretation is usually to increase understanding, but sometimes, as in propaganda or brainwashing, aim precisely to confuse understanding and create confusion.
Various views of experts on the interpretation of law or legal interpretation raises a lot of theories, methods, or other types of legal interpretation. The diversity of the distribution method that legal interpretation is suspected because there are differences in the size of the general and particular categories used.
As for the types of construction methods and the interpretation of the law that is usually used, include the following.
1. Method of interpretation by language (grammar) is a way of interpretation of the Act by interpreting the meaning of words (terms) contained in the legislation. The judge should assess the meaning of words commonly used in everyday language are common. Requirements that must be met in doing this is the interpretation of the language should be a logical explanation, therefore this method is also called objective methods.
2. Systematic method of interpretation is the interpretation of the interpretation of laws and regulations associated with the law or other laws or with the whole legal system. Because the formation of a law is essentially a part of the whole system of legislation in force so that there can not be a law that stands alone without being tied to other legislation. As a logical consequence of the effect of a regulatory system to interpret the law should not be distorted or out of the system of legislation. Therefore, a systematic interpretation is also called logical interpretation.
3. The method of interpreting the historical interpretation of the Act by reviewing the historical background of the establishment or the rule of law is concerned.
Interpretation of statutory language
In the law of historical interpretation can be divided into two, namely:
a. Interpretation according to the history of a law setting (Wethistoirsche interpretatie) the interpretation of the Act by investigating the development of a law since been made, debates that occurred, or an explanation of the purpose of the enactment of the Act forming at the time of formation. Interpretation according to the history of this legislation also called for the interpretation placing subjective interpretation on the subjective view legislators. Thus the interpretation according to the law is the opposite of the interpretation of grammatical method of interpretation called objective.
b. Interpretation according to the laws of history (Rechts historische interpretatie) is an interpretation that is done by understanding the law in the context of legal history. Thinking underlying the implementation of the method of interpretation is the notion that every law is always a reaction to social needs that require adjustment. Each setting can be viewed as a step in the social development of the community so that the move means unknown. This includes all the agencies involved in the implementation of the legislation.
4. Methods of Sociological Interpretation of the Teleological or the manner of interpretation of a statutory provision to determine the meaning or that are based on social goals. Law interpretation methods applied to a law which is still valid but less work because it does not fit anymore with the state of the times. Against the existing legislation sought (through interpretation) to be used for events, relationships, and environmental needs of the present with no regard to whether it was known at the time of enactment or not. In simpler terms teleological or sociological interpretation methods can be argued that an attempt to adjust legislation to relationships and new social situations. State laws that actually is no longer relevant to the times used as a tool to resolve disputes that occur in the present.
5. Anticipatory or futuristic interpretation of the interpretation that explains how the provisions of law based on the legislation applies not have the power, that is, in the draft legislation.
6. Evaluative interpretation-that is, if the judge in his ruling specifies the meaning is crucial (the breakthrough) on legal developments occurring after the (appearance or enforceability) certain legal rules.
7. Restrictive interpretation and Extensive. Judging from the results of the findings, an interpretation of the law can be divided into extensive and restrictive interpretation. Restrictive interpretation is an appropriate word or given a narrower meaning than the meaning given to it in the dictionary word or meaning that is common in the words in the dictionary or meanings in everyday conversation, while the extensive interpretation is a word given a broader meaning rather than the meaning given to it in the dictionary word or meaning in everyday conversation.
8. The analogy of the construction method is a method of discovery of the law of a case by entering into an arrangement scope of the legislation and is not intended to resolve the case in question.
9. Construction Methods argumentum a contrario that a construction method that provides resistance understanding between concrete events faced with the events set out in the Act. Based on this resistance drawn a conclusion that the case was not included into the region faced the article.
10. The smoothing method of construction law is a method that issued his problems as a matter of the scope of the relevant legislation.