Interpretation criteria of legal norms in law

"The interpretation of dreams is the real path to knowledge of the unconscious activities of the mind." Sigmund Freud.

I.- Interpretation criteria

1.1. Introduction

Interpretation criteria are methods, guidelines, principles, objectives or guidelines that must be taken into account when interpreting, which must be done taking into account one of these guidelines:

Interpretation criteria of legal norms in Law

2. Interpretation classes

2.1.- Interpretation according to the subjects:

a) DOCTRINAL OR PRIVATE. The doctrinal or private interpretation is the one carried out by specialists or scholars of Law, that is to say the jurists, but it lacks importance if it is not invoked in the decisions of the courts.

b) JUDICIAL. It is the one made by the courts through the judgments, in which it resolves the disputes that are brought to it, and in this sense the judge constitutes the body of interpretation of the law. This form of interpretation lacks the power to compel, since as Pascual Fiore points out, the sentences that the courts pronounce do not have the force of law, nor can they be extended to other people. In our country, the jurisprudence established by the Supreme Court is binding of the Nation, fully functioning, and this obligation extends to the Chambers that compose it, to the unitary and collegiate Circuit Courts, to the District Courts, to the Military and Judicial Courts of the Common Jurisdiction of the States, Federal District, administrative and labor courts, local and federal,provided that the resolution is based on five (executory) judgments not interrupted by another to the contrary, and which have been approved by at least eight ministers, in the case of plenary jurisprudence or by four ministers in the cases of the jurisprudence of the chambers, even though the resolutions that elucidate the contradictions of the theses of chambers and of collegiate courts also constitute jurisprudence. Likewise, the jurisprudence established by the chambers is mandatory, in the matters of their competence, when the decision is based on five executions, not only for the same chambers but also for all the courts indicated above.if it is the plenary jurisprudence or by four ministers in the cases of the jurisprudence of the chambers, although the resolutions that elucidate the contradictions of theses of chambers and collegiate courts also constitute jurisprudence. Likewise, the jurisprudence established by the chambers is mandatory, in the matters of their competence, when the decision is based on five executions, not only for the same chambers but also for all the courts indicated above.if it is the plenary jurisprudence or by four ministers in the cases of the jurisprudence of the chambers, although the resolutions that elucidate the contradictions of theses of chambers and collegiate courts also constitute jurisprudence. Likewise, the jurisprudence established by the chambers is mandatory, in the matters of their competence, when the decision is based on five executions, not only for the same chambers but also for all the courts indicated above.in matters within its competence, when the decision is based on five executions, not only for the same rooms but also for all the courts indicated above.in matters within its competence, when the decision is based on five executions, not only for the same rooms but also for all the courts indicated above.

c) AUTHENTIC. It is the one that the law itself realizes in its text, through a norm of a merely interpretative nature or through later laws that serve the same purpose. Hence, it is said that the authentic interpretation can be contextual or later. Unlike others, authentic performance has general binding force.

II. Interpretation according to the media

a) GRAMMATICAL. It is one that attends to the literality of the text of the law, turning to grammar to find its meaning, when its wording seems dark or wrong.

b) LOGICAL OR TELEOLOGICAL. It seeks the will of the law, its real content, using various means of diverse nature, through a logical process, means that constitute elements of interpretation among which are mentioned: the Historical element, Comparative Law and even the systematic element. Political, sociological, ethical, psychological and criminological elements are mentioned as elements of an extra-legal nature, whose knowledge by the judge allows them to arrive at an exact understanding of the intention of the law.

III. Interpretation based on results:

DECLARATIVE. This kind of interpretation occurs when there is perfect agreement between the content of the law and its expression, between the spirit and the letter. Numerous authors deny this form of interpretation, since they affirm that all interpretation is declarative of the meaning of the law. EXTENSIVE. It supposes a narrow text of the law, since the will of the latter is broader in relation to the meaning of the words used by the legislator, so that the judge, when applying the law, "extends his text to the will of the latter". extension of the text of the law supposes the regulation of the specific case. Therefore, it is not a matter of unregulated situations that cause an expansion of the content, in which case there would be cause for serious alarm, as an analog application is being made. RESTRICTIVE.Through it, the scope of the text of the law is reduced or restricted, to bring it in line with its will. The restrictive interpretation, as Jiménez de Asúa makes clear, is reduced to the scope of the words of the law because he understands that his non-conscious thought and will attribute to his letter all the meaning that may be contained in it. Since ancient times it has been argued that the restrictive interpretation must work in the most beneficial of the criminal and the old principle "Odiosa restricted suns" is invoked, but against this criterion the correctionalists have reacted, invoking the end of the sentence, and later the positivists, who replaced the aforementioned principle with that of pro reo societate.PROGRESIVA. The legal rules at the time of issuing are intended to foresee all possible situations,As the conceptions of life are changing, the legal norms must be interpreted in a progressive way, to adapt to the present in which they are applied. It should not be forgotten that written law is dictated to regulate future situations, so it is not surprising that in the course of time the text of the law should be interpreted progressively, to harmonize it with changing situations, without implying the creation of cases that the precept has not tried to understand.to harmonize it with changing situations, without implying the creation of cases that the precept has not pretended to understand.to harmonize it with changing situations, without implying the creation of cases that the precept has not pretended to understand.

3. The method of interpretation of the legal norm

3.1. Interpretation and integration of the law

The interpretation of the law should not be confused with its integration. If it is based on the acceptance of the existence of gaps in the law. It is an imperative imposed on the court to fill these gaps through the application of applicable rules to solve the particular cases that are brought to it. The interpretation seeks to unravel the meaning of the precept of the law, while integration consists of filling a gap through the formulation of the applicable rule, precisely because of its absence.

3.2. Regulated (authentic) interpretation.

Interpretive criteria are established by law.

The judge is not left any margin to select any directive of interpretation.

Absolutely regulated interpretation. It is the one that comes from the legislator himself, who determines how a rule should be understood.

Verbigracia:

Federal labor law.

“Article 18. In the interpretation of the work regulations, their purposes indicated in articles 2 will be taken into consideration. And 3rd. In case of doubt, the interpretation most favorable to the worker will prevail.

Article 2. Labor standards tend to achieve balance and social justice in relations between workers and employers.

Article 3. Work is a right and a social duty. It is not an article of commerce, it demands respect for the liberties and dignity of the person who lends it and it must be carried out under conditions that ensure life, health and a decent economic level for the worker and his family.

No distinctions may be made between workers on the basis of race, sex, age, religious creed, political doctrine, or social status.

Likewise, it is in the social interest to promote and monitor the training and training of workers ”.

3.3.-Non-regulated interpretation

The applicable law does not indicate any rule of interpretation; the judge is free to select the interpretation directive that he deems appropriate for the solution of the legal problem.

4. Four element of interpretation (Directives).

Interpretation criteria of legal norms in Law

4.1.- Interpretation of the grammatical or literal element

It is the first stage of any interpretive process.

Since the law is expressed in words, the interpreter must begin by obtaining the verbal meaning that results from them, according to their natural connection and the grammatical rules.

a) WEEKLY. It is about fixing the meaning or the possible senses that each of the words inserted in the text has. Considering each word in itself.

Fixing the meaning of a word must be done in a way that is consistent with the text as a whole and with the context or situation that the text presupposes.

THE SEMANTIC LITERAL ELEMENT CANNOT BE DETACHED FROM THE SYSTEMATIC ELEMENT.

It becomes very important when a word can have different meanings.

b) SYNTATIC.

Fixation of the meaning of a whole proposition, through the grammatical coordination that the different words and their respective value have within it.

It is taken into account that the word is adverb or pronoun, that it is adverb of time or personal pronoun, whichever is direct or indirect complement, using for it the conventional rules of language development.

4.2. Logical interpretation element

a) Internal structural logic.

It is based on the very elements of the legislative formula.

It is assumed that the concepts and statements contained in the legal formula, were developed according to legislative technique, therefore, in accordance with the principles of formal logic.

The interpreter can validly resort to formal logic to find out the meaning of the legal norms.

b) TELEOLOGICAL.

There are two positions to consider:

The traditional opinion that finds the meaning of the law in the will of the legislator.

What he maintains in what he interprets must discover is what in the law appears objectively wanted.

Subjective teleological element.

These are the ones that are intended to determine the purposes that the legislator took into account to create the norm.

Put yourself in the legislator's point of view and artificially repeat his activity.

Examination of preparatory works. Analysis of the initiative of the Law. Analysis of the opinions. Analysis of the explanatory memorandum. Examination of the debate diary. based on those for drafting the law

Objective teleological elements.

What he seeks is to investigate the purposes of the norm, considering it as an entity separate from its direct source.

Every provision of law is always a means to an end.

Attribute to the norm the meaning that best responds to the realization of the result that is required to obtain it.

The investigation of the reasonable meaning of the precept. The investigation of the legal good protected by the norm. Appreciation of cultural values. Study of the technical mechanism of relations for whose regulation the norm was created. Investigation of the generating principle of the order in which the standard object of interpretation. It is called the spirit of the law.

Analysis of the own precepts.

4.3. Historical element

Study of the historical background and legal evolution that preceded the information of the law.

Analysis of remote precedents

They are those constituted by Roman Law and by the other historical rights that have contributed to the formation of ours.

The knowledge of the remote antecedent of a legal institution or a precept, allow understanding its meaning.

Analysis of immediate precedents

Legal regulations prior to that applicable to a specific case.

4.4. Systematic element of interpretation

The systematic interpretation starts from the premise that the Law constitutes a system, so that the norm must be understood taking into account its functionality within it.

The norm to be interpreted tries to be understood in relation to the legal system as a whole.

Legal institution- is a nucleus of precepts that regulate relationships of the same nature.

CODE- LIBORS. CHAPTERS. TIULOS- SECTIONS.

a) INTEGRATION THROUGH THE CONSTITUTIONAL PROCEEDING.

The validity of one norm is always in another norm.

The validity of the norm must be sought in another norm of a higher hierarchy that legally supports it.

b) INTEGRATION IN FUNCTION OF THE FORMAL DIVISION OF THE LEGAL ORDER.

It starts from considering the environment and the location, within the legal system, of the source (law-institution) that must be interpreted.

It is determined by the same legislation that creates legal categories to logically distribute the entire system, either in codes or in internal units of each code or law.

Each division thematizes a subject with various provisions that are related to each other.

C) INTEGRATION OF THE INSTITUTION OR INDUCTION.

It starts from considering the source on which the solution to a legal problem is based, based on the different norms that integrate it or that are related to it.

Place in the legal system all the provisions that regulate a certain aspect, based on the legal asset that is protected, creating for it the respective institution.

5. Interpretation. Constitutional reform June 6, 2011.

Interpretation in accordance, favoring people at all times, universality, interdependence, indivisibility, progressivity.

1. Conforming interpretation

With the expression conforming interpretation we have designated an interpretation technique by which an operation of making two or more norms with a specific adjustment direction is performed; that is, a lower standard that is interpreted according to a higher hierarchy. By conforming interpretation the content of some generally constitutional norms of some legal orders is also called.

Some constitutions have a norm that states that the rights established in them must be interpreted in accordance with the human rights treaties ratified by the State in question. An example of this type of norm is article 93 of the Colombian Constitution that states the following:

International treaties and conventions ratified by Congress, which recognize human rights and prohibit their limitation in states of emergency, prevail in the internal order. The rights and duties enshrined in this Charter will be interpreted in accordance with the international human rights treaties ratified by Colombia.

We will therefore distinguish between conforming interpretation as a specific interpretive technique and conforming interpretation as a legal institution. Although each legal practice may introduce variants in the interpretation in conformity as an interpretive technique, what is certain is that the interpretation in conformity as an institution is contingent: the scope of the constitutional mandate, the organs to which the rule is addressed, as well as the Institutional ways and means to enforce this content vary from country to country.

In Mexico, the second paragraph of Article 1 of the Constitution establishes the conforming interpretation as an institution as follows:

The norms related to human rights will be interpreted in accordance with this Constitution and with the international treaties on the matter, favoring at all times the most extensive protection for people.

Three Characteristics of How Interpretation Has Been Regulated as Relevant

a) In the first place, it should be noted that the object of the interpretation in conformity are the norms related to human rights. So the duty to use interpretive technique is relative to this class of norms - although it certainly does not follow that it is prohibited to use the technique for other class of norms that are not of human rights, this would be a logical fallacy. b) Secondly, the direction of adjustment of the interpretation must be observed: the rules related to human rights will be interpreted in accordance with the Constitution and international treaties on the subject. In other words, the rules must be adjusted to two parameters jointly - "this Constitution and with international treaties" - and not disjunctive. In other words,both the Constitution and (at the same time) international treaties are the parameter of conformity (direction of adjustment) of interpretation. c) Thirdly, it is worth noting that the operation of making the standards compatible is guided by one principle: that of always favoring people with the broadest protection. The principle has the role of orienting the interpreter's preference towards the most favorable interpretative alternatives of the person –principle pro persona.The principle has the role of orienting the interpreter's preference towards the most favorable interpretative alternatives of the person –principle pro persona.The principle has the role of orienting the interpreter's preference towards the most favorable interpretative alternatives of the person –principle pro persona.

a) Identification of texts and relevance a) Identification of texts and relevance

That it should be interpreted in accordance with the Constitution and international treaties introduces a difficulty that we have been avoiding until now: identifying the set of relevant sources and legal texts that will form the parameter with respect to which to perform the conform interpretation. In other words, when faced with a particular case, the set of texts that must be interpreted for the case and that once interpreted constitutes the norms with respect to which the conformity judgment will be made must be recognized.

Until now we have assumed in all the exercises that the legal provisions that serve as parameters for the interpretation as they are fully identified. In practice, however, the identification of this set of legal texts is an unavoidable task and has a certain degree of difficulty. It is about answering the questions: what articles, subsections or fractions of the constitutional text are relevant to the case? What are the international treaties - and their provisions - applicable to it? The inclusion of certain provisions and not others will determine the premises (the inputs) required to apply the interpretative technique consisting of examining the compatibility between norms. This is so,because once the relevant legal texts for the case have been identified, the operation of assigning them a meaning –interpret– will produce the norms that are the parameter of the conforming interpretation.

Although the selection of relevant legal texts is based on the specific case under scrutiny, in practice some indicators of relevance are usually found in different places or topics: 1) in the field of family law, criminal law, labor law; 2) in the relationship they keep

two normative bodies - a treaty regarding a protocol on an article of that treaty -; 3) in the special quality that one of the parties may have - women, indigenous people, incapacitated (sic), foreigners -; 4) in the type of legal matter or procedure - repatriation of a minor, appeal of a criminal sentence, request for access to public information - or 5) in judicial criteria - national jurisprudence or judgment of the Inter-American Court of Human Rights. The list of topics is unfinished and merely indicative of common places. However, there do not seem to be any express criteria to define the relevance - or what may be even more serious, the non-relevance of certain sources for a case.

What is determined is that the affirmation or denial that a certain text, provision or source is relevant to a case must occupy a central place in the final justification that the interpreter makes when using the technique of conforming interpretation.

b) The reasoning of the interpretation in accordance

We are now able to present a complete overview of the technique of conforming interpretation in the context of the Mexican legal system.

Identifying the conformance parameter involves deciding which sources - legal texts - are relevant. The identified group of sources will surely include both texts of the Constitution and international treaties and conventions. Regarding the latter, the general rule of interpretation that was learned in the first section of this work must be taken into account. In other words, with the texts of international treaties and conventions, the criteria "textual", "contextual" and "object and purpose" should be applied together, in order to give meaning to the texts and obtain the rules of international origin. The same must be done based on the texts of the Constitution: they must be given meaning so that they become operational.The interpretation of constitutional provisions and international treaties or conventions make up the reference with respect to which the judgment of conformity of the norm under study will be made - the norm that must be interpreted accordingly.

The operation of making the norm under study compatible with the parameter of conformity implies assigning another meaning to the text of said norm: a meaning compatible with the norms of the Constitution and treaties. Identifying a compatible meaning is one way to end the conform interpretation. However, two alternatives can be presented: that it is not possible to find a meaning for the text under study that is compatible with the parameter of conformity or it may happen that there is more than one meaning that is compatible with the reference norms, Constitution and treaties. In the first case, the disagreement of the case causes the interpreter to set aside the norm under study - it does not apply it. In the second case,When faced with various interpretative alternatives, the interpreter will use the pro persona principle to guide his preference towards the most favorable interpretative alternative for the person.

6. References

ATIENZA, Manuel, The reasons of the law Mexico, UNAM, 2003.DEHESA DÁVILA, Gerardo, introduction to rhetoric and argumentation, 3rd ed. Mexico, Supreme Court of Justice of the Nation, 2006. NIETO, Santiago, Legal interpretation and argumentation in electoral matters, Mexico, UNAM, 2003. VÁZQUEZ, Rodolfo (compiler), legal interpretation and judicial decision, Mexico, Fontamara 1998. Legal Collection Contemporánea.ÁLVAREZ GARDIOL, Ariel: “Manual of Philosophy of Law, Astrea Editorial, First edition, Buenos Aires. Argentina 1979. ALAZAMORA VALDEZ, Mario: "Introduction to the Science of Law", type. Sesator raffia. Edition, Lima.