The Interpretation of Law and Social Practice

• Author: Fejzulla Berisha - Blerim Berisha
• Position: Associate Professor, PhD, Faculty of Law, University Kadri Zeka Gjilan, Kosovo - Master Candidate of Communication Sciences NMSE, Vrije Universiteit Brussels, VUB, Belgium
• Pages: 111-121

JURIDICA

111

The Interpretation of Law and Social

Practice

Fejzulla Berisha

1

, Blerim Berisha

2

Abstract: The legal interpretation of the legal n orm is important for the normal functioning of state

bodies’ activity, respectively official persons, citizens and associations in the discovery of the will of

the creator of legal n orm. With other words, this process is an activity that is done by state b odies in

the function of identifying the real meaning of the content of the legal norm. Interpretation in

general, as a scienti fic-professional process, is an activity which explains the meaning of material

phenomena with the purpose of their transmission. This material phenomenon is qualified as the

carrier of the meaning that is presented by th e sign. Therefore, for the interpretation of the right,

respectively legal norm, th e starting point is knowing the normative frame and then comes the

analysis of its constitutional parts, the comparison other relevant laws and acts.

Keywords: Legal interpretation; legal norms; interpretation in general; interpretation of law

1. The Notion of Interpretation in General

The normative interpretation is a simplified explanation of the meaning and

content of legal norms. The legal interpretation of legal norm is important for the

normal functioning of the activity of state bodies, respectively official persons,

citizens and associations in discovering the content of the will of the legal norm’s

creator. With other words, this process is an activity that is done by state bodies in

the function of identifying the real meaning of the content of the legal norm. In

this context, we have to deal with a systematic process directed towards clarifying

the content and meaning of legal dispositions, their social value, their position and

role in the system of the legal regulation (Buxhakoski, 2007). The most important

1

Associate Professor, PhD, Faculty of Law, University Kadri Zeka Gjilan, Kosovo, Address: Zija

Shemsiu n, 60000 Gjilan, Tel.: +381 280-390-112, E-mail: fejzulla.berisha@uni-gjilan.net.

2

Master Candidate of Communication Sciences NMSE, Vrije Universiteit Brussels – VUB, Belgium,

Address: Pleinlaan 2 1050 Brussel, Belgium, E-mail: be.blerim@gmail.com.

AUDJ, Vol. 15, No. 3/2019, pp. 111-121