Methods and manners of interpretation of criminal norms

Abstract

The criminal justice system is constituted of criminal norms, institutions and methods, among others. Interpretation of the criminal law is a process that transforms the text of the law into reality. The process is influenced by various factors, such as, the courts' conception of the criminal law, the concept and practice of interpretation and how the interpreting institutions understand their role. The understanding of the three elements evolved over the years. The exegetic school, taking statutes as the sole source of the criminal law, argue for using 'strict' methods of interpretation. However, the hermeneutic school holds that interpretation is about the understanding of the law as well as finding the law to the facts of a case, thus, they argue for doctrinal interpretation. The various doctrines of the criminal law constituting meta-norms scaffold the ordinary interpretative methods of the criminal norms. This article discusses the methods in law, which constitute an essential...