The explication of a law, agreement, will, or other instrument, which appears obscure or ambiguous. 2. The object of interpretation is to find out or collect the intention of the maker of the instrument, either from his own words, or from other conjectures, or both. It may then be divided into three sorts, according to the different means it makes use of for obtaining its end. 3. These three sorts of interpretations are either literal, rational, or mixed. When we collect the intention of the writer from his words only, as they lie before us, this is a literal interpretation. When his words do not express his intention perfectly, but either exceed it, or fall short of it, so that we are to collect it from probable or rational conjectures only, this is rational interpretation and when his words, though they do express his intention, when rightly understood, are in themselves. of doubtful meaning, and we are forced to have recourse to like conjectures to find out in what sense he used them this sort of interpretation is mixed; it is partly literal, and partly rational.
Law Dictionary – Alternative Legal Definition
The art or process of discovering and expounding the intended signification of the language used in a statute, will, contract, or any other written document, that is, the meaning which the author designed it to convey to others. People v. Com’rs of Taxes, 95 N. Y. 559; Rome v. Knor, 14 How. Prac. (N. Y.) 272 ; Ming Pratt 22 Mont 262, 56 Pac. 279; Tallman v. Tallman, 3 Misc. Rep. 465, 23 N. Y. Supp. 734.
The discovery and representation of the true meaning of any signs used to convey ideas. Lieb. Herm.”Construction” is a term of wider scope than “interpretation:” for, while the latter is concerned only with ascertaining the sense and meaning of the subject matter, the former may also be directed to explaining the legal effects and consequences of the instrument in question. Hence interpretation precedes construction, but stops at the written text.
Close interpretation (interpretatio restricta) is adopted if just reasons, connected with the formation and character of the text induce us to take the words in their narrowest meaning. This species of interpretation has generally been called “literal,” but the term is inadmissible. Lieb. Herm. 54.
Extensive interpretation (interpretatio extensiva, called, also, “liberal interpretation”) adopts a more comprehensive signification of the word. Id. 58.
Extravagant interpretation (interpretatio exeedens) is that which substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation. Id. 59.
Free or unrestricted interpretation (interpretatio soluta) proceeds simply on the general principles of interpretation In good faith, not bound by any specific or superior principle. Id. 59.
Limited or restricted interpretation (interpretatio limitata) is when we are influenced by other principles than the strictly hermeneutic ones. Id. 60.
Predestined interpretation (interpretatio predestinata) takes place if the Interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views or desires. This Includes artful Interpretation, {interpretatio vafer,) by which the interpreter seeks to give a meaning to the text other than the one he knows to have been intended. Id. 60.
It is said to be either “legal,” which rests on the same authority as the law itself, or “doctrinal,” which rests upon its intrinsic reasonableness. Legal interpretation may be either “authentic,” when it is expressly provided by the legislator, or consul,” when it is derived from unwritten practice Doctrinal Interpretation may turn on the meaning of words and sentences, when it is called “grammatical,” or on the intention of the legislator, when it is described as “logical.” When logical Interpretation stretches the words of a statute to cover Its obvious meaning, it is called “extensive;” when, on the other hand, it avoids giving full meaning to the words, in order not to go beyond the intention of the legislator, it is called “restrictive.” Holl. Jur. 344.
As to strict and liberal Interpretation, see CONSTRUCTION.
In the civil law, authentic interpretation of laws is that given by the legislator himself, which is obligatory on the courts. Customary interpretation (also called “usual”) is that which arises from successive or concurrent decisions of the court on the same subject matter, having regard to the spirit of the law, jurisprudence, usages, and equity; as distinguished from “authentic” interpretation, which is that given by the legislator himself. Houston v. Robertson, 2 Tex. 26. Interpretation olanse. A section of a statute which defines the meaning of certain words occurring frequently in the other sections.