IUTSO, PLC
PROFESSOR: JESÚS RAMÍREZ
TRANSLATION III
UNIT 3. LEGAL INTERPRETATION
1. Legal Interpretation
Legal interpretation refers to the process of analyzing and understanding the meaning of legal
texts, such as laws, regulations, contracts, and court decisions. Legal interpretation can be a
complex and challenging task, as legal texts often contain technical language, complex concepts,
and ambiguities that require careful analysis and consideration.
2. Methods of Legal Interpretation
2.1. Textualism
Textualists give priority in statutory and constitutional interpretation to the relevant texts.
Textualism is typically formulated in opposition to intentionalism or purposivism, as it rejects
the search for legislative intentions or more general statutory purposes at least to the extent that
they are not enacted in the text. If the meaning of a text is taken to be clear, textualists reject the
appeal to other sources to modify or depart from that meaning, even when the meaning of the
text seems to be in tension with apparent legislative purposes.
2.2. Intentionalism
Intentionalists maintain that the primary or exclusive role of the interpreter is finding the
intentions of the enacting legislature or of the constitutional framers or ratifiers. Although the
meaning of the text is an important guide to the relevant intentions, intentionalism contemplates
that other evidence of intentions, including legislative history, may override the evidence of the
text.
2.3. Purposivism
One important strand of intentionalism has come to be called purposivism. According to the
seminal account, interpreters should decide what purpose ought to be attributed to the statute
and to any subordinate provision of it which may be involved on the assumption that the
legislature consisted of reasonable persons pursuing reasonable purposes reasonably. This
PROFESSOR: JESÚS RAMÍREZ
TRANSLATION III
UNIT 3. LEGAL INTERPRETATION
1. Legal Interpretation
Legal interpretation refers to the process of analyzing and understanding the meaning of legal
texts, such as laws, regulations, contracts, and court decisions. Legal interpretation can be a
complex and challenging task, as legal texts often contain technical language, complex concepts,
and ambiguities that require careful analysis and consideration.
2. Methods of Legal Interpretation
2.1. Textualism
Textualists give priority in statutory and constitutional interpretation to the relevant texts.
Textualism is typically formulated in opposition to intentionalism or purposivism, as it rejects
the search for legislative intentions or more general statutory purposes at least to the extent that
they are not enacted in the text. If the meaning of a text is taken to be clear, textualists reject the
appeal to other sources to modify or depart from that meaning, even when the meaning of the
text seems to be in tension with apparent legislative purposes.
2.2. Intentionalism
Intentionalists maintain that the primary or exclusive role of the interpreter is finding the
intentions of the enacting legislature or of the constitutional framers or ratifiers. Although the
meaning of the text is an important guide to the relevant intentions, intentionalism contemplates
that other evidence of intentions, including legislative history, may override the evidence of the
text.
2.3. Purposivism
One important strand of intentionalism has come to be called purposivism. According to the
seminal account, interpreters should decide what purpose ought to be attributed to the statute
and to any subordinate provision of it which may be involved on the assumption that the
legislature consisted of reasonable persons pursuing reasonable purposes reasonably. This
