Michal Malaník
Author’s affiliation: Faculty of Law, Masaryk University Brno

Performative nature of legal interpretation

Jurisprudence 5/2017 Section: Discussion Page: 35-39

Keywords: Legal interpretation, methodology, legal principles, law and art, psychology, neuroscience

Abstract: This brief paper aims to introduce some of the little-discussed problems of legal interpretation to the readers. It points out the similarities between the law and certain kinds of performative art forms, attaches knowledge of legal theory, especially of legal interpretation methodology in both continental and Anglo-American concepts and also of non-legal disciplines, and on their basis, it stresses out the importance of further examination of the performative nature of interpretation process and application of law.