The Theory of Statutory Interpretation in the early 20th Century [1.2885]

Abstract

How and why did the theory of statutory interpretation change at the beginning of the 20th century? How did the fundamental concepts of the theory of statutory interpretation evolve at that time and what was its legal theoretical context? I argue that the two most important innovations in the theory of interpretation in the early 1900s, namely the widening of the scope of legal gaps and the splitting of the doctrine of interpretation, can only be explained in a historical way. They are based, firstly, on the evolution from the idealism of the natural law era and the historical school to the voluntarism of the early 20th century. Secondly, they are based on the development of different variants of voluntarism.