Law/1. History of State and Law

Popov V.V.,

Doctor philosophy, professor,

Agafonova T.P., Loginova T.V.,

Candidate of philosophical sciences, Candidate of philosophical sciences

Rostov State University of Economics (RINH), Taganrog Institute named A. P. Chekhov (branch), Taganrog, Russia

SPECIFICS OF INTERPRETATION OF LEGAL TEXTS

Studying features of interpretation within legal contexts, rather serious question is correlation of the interpretation with the concept "action". When in the legal practice the researcher concerns concept of interpretation and thus works, let us assume, with the concrete legal text, naturally, this text will reflect these or those activity aspects and spheres of human life. But in this case there are two certain levels of studying of the correlation stated above. The first level belongs to that the interpreter, working with the text, will study and interpret features of the text description of these or those acts of man, other level is connected with as far as this researcher interpreter adequately established a ratio meanwhile by the text with which it works and which it describes, coming to these or those concrete results, and that actually took place, that is those specific actions made in real human practice. It is really important from a position of that interpretation actually assumes finding of these or those ways of an explanation and understanding of acts of man, acts, behavior, motives of this behavior, etc. Work with the text allows to carry out a certain adjustment in this direction, however it in many cases is compelled because within the legal analysis of the text the researcher interpreter works with the text sometimes only because it simply owing to quite objective or subjective reasons can't in practice really estimate the same actions, motives, acts of the person.

Therefore is very problematic to define sensibleness of similar behavior which as it was noted above, and will make characteristic feature of the most legal action. In this sense it is important to note that acts of legal subjects, of course, happen and not only conscious, but also affective in various boundary situations when signs of fear, these or those aspirations, intentions, etc. can influence rationality of this or that behavior or a concrete act; that is, in various situations when the person can, in principle, and not think of what actions really happen.

In this direction exists rather serious researches which show that the similar actions connected with legal subjects assume that they act completely consciously. Rather high measure of sensibleness or expediency, we will allow in actions of the diplomat on these or those symposiums, conferences or in confidential conversations, will be based quite often on feelings and intuition. Though, in this context, completely conscious action should be considered nevertheless ideal model as in real practical activities it is rather obvious that legal actions will be understood after all as partially conscious acts pursuing the conscious and accurate aims in a bigger measure.

When the discourse concerns legal texts, quite often there is a question which is connected with establishment of correlation between interpretation of texts with an explanation of legal actions. According to many researchers, in this case it is that it is necessary to draw certain parallels meanwhile that really occurs in this or that concrete legal sphere of the subject and those models which it after that builds. That is, actually, on the one hand, it is supposed that interpretation of these or those texts gives a certain knowledge, on the other hand, is established how gained knowledge objectively correspond to legal actions in reality.

There is a question: as far as own author's position, that is a position of the interpreter of this text is entered in similar interpretation. There is rather known philosophical problem concerning, as far as and how it is possible to explain and establish a ratio of the objective and subjective moments within the received knowledge.

However, when the speech comes about an interpretation problem, there are some specific features which the author will consider. The matter is that if there is an interpretation of this or that text, naturally the researcher, first of all, has to tell: whether there are adequate conditions for text interpretation. The similar moment is very important as text interpretation can take place in absolutely various conditions of space, time, in various legal communities that makes direct impact on adequacy of similar interpretation.

When it is said that interpretation assumes receiving adequate and rather full knowledge of this or that legal object, it is meant that this interpretation is carried out by the researcher interpreter who correctly set the interpretation object which is motivated in a choice of these purposes which owns skills of interpretation, has the general culture of work with texts in which skills of logical thinking, etc. are inherent. It is necessary to consider also that moment that in order that interpretation was adequate and the received knowledge didn't cause, at least, the doubtful relation from other legal subjects working with result of this interpretation as a product it is necessary to correlate an author's position to a position of other legal subjects in relation to those actions or acts of people which they estimate.

Naturally, in similar cases the assessment can be different, however conclusions cannot always be opposite. Quite often in the course of the interpretation which is also the long phenomenon, these opposite positions receive some integrity and unity. So, for example Ch. Taylor in the works pays attention to those aspects of a ratio between interpretation of the text and interpretation of actions which could be fixed in any theoretical model. Ch. Taylor, in principle, is close to understanding of interpretation which is connected with that interpretation is the procedure coming for attempts of recognition of sense of objects. It is clear, that similar objects can be as texts or analogs of texts and which, somewhat, can are both quite clear and rather not clear. The matter is that Ch. Taylor begins with concept of interpretation and allocates actually those conditions to which have to satisfy objects of interpretation. These conditions come to a sense problem, and the sense having an exit to the subject.

Literature

1. V.V. Popov, B.S. Scheglov. The theory of rationality. Rostov-on-Don, 2006. 320 p.