Interpretation in United States

Interpretation Definition

The act of finding out the true sense of any form of words that is, the sense which their author intended to convey and of enabling others to derive from them the same idea which the author intended to convey. 14 How. Pr. R. (N. Y.) 272. The discovery and representation of the true meaning of any signs used to convey ideas. Lieber, Leg. & Pol. Herm. “Construction” is sometimes used as a synonym (Jones, Const, p. 3), though it has been said that “construction” is the broader term, and includes also the legal effect (2 Pars. Cont. 491, note a). The “true meaning” of any signs is that meaning which those who used them were desirous of expressing. A perspn adopting or sanctioning them ”uses” them as well as their immediate author. Both parties to an agreement equally make use of the signs deplaratory of that agreement, though one only is the originator, and the other may be entirely passive. The most common signs used to convey ideas are words. When there is a contradiction in signs intended to agree, resort must be had to construction, that is, the drawing of conclusions from the given signs, respecting ideas which they do not express.
(1) Close interpretation (interpretatio restncta) is adopted if just reasons, connected with the formation and character of the text, induce us to take the words in their narrowest meaning. This species of interpretation has generally been called “literal,” but the term is inadmissible. Lieber, Leg. & Pol. Herm. 66.
(2) Extensive interpretation (interpreUvtio extensiva, called, also, “liberal interpretation”) adopts a more comprehensive signification of the word.
(3) Extravagant interpretation (interpretatio excedens) is that which substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation.
(4) Free or unrestricted interpretation (interpretatio soluta) proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle
(5) Limited or restricted interpretation (interpretatio limitata) is when we are influenced by other principles than the strictly hermeneutic ones. Emesti, Inst. Interp.
(6) Predestined interpretation (interpretatio predestinata) takes place if the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views or desires. This includes artful interpretation (interpretatio vafer), by which the interpreter seeks to give a meaning to the text other than the one he knows to have been intended. The civilians divide interpretation into:
(1) Authentic (interpretatio authentiea), which proceeds from the author himself.
(2) Usual (interpretatio nsualis), when the interpretation is on the ground of usage.
(3) Doctrinal (interpretatio doctrinalis) , when made agreeably to rules of science. Doctrinal interpretation is subdivided into extensive, restrictive, and declaratory, extensive, whenever the reason of a proposition has a broader sense than its terms, and it is consequently applied to a case which had not been explained; restrictive, when the expressions have a greater latitude than the reasons; and declaratory, when the reasons and terms agree, but it is necessary to settle the meaning of some term or terms to make the sense complete.

Interpretation in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Interpretation

Scan Interpretation in the appropriate area of law:

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

The act of finding out the true sense of any form of words that is, the sense which their author intended to convey and of enabling others to derive from them the same idea which the author intended to convey. 14 How. Pr. R. (N. Y.) 272. The discovery and representation of the true meaning of any signs used to convey ideas. Lieber, Leg. & Pol. Herm. “Construction” is sometimes used as a synonym (Jones, Const, p. 3), though it has been said that “construction” is the broader term, and includes also the legal effect (2 Pars. Cont. 491, note a). The “true meaning” of any signs is that meaning which
those who used them were desirous of expressing. A perspn adopting or sanctioning them ”uses” them as well as their immediate author. Both parties to an agreement equally make use of the signs deplaratory of that agreement, though one only is the originator, and the other may be entirely passive. The most common signs used to convey ideas are words. When there is a contradiction in signs intended to agree, resort must be had to construction, that is, the drawing of conclusions from the given signs, respecting ideas which they do not express.
(1) Close interpretation (interpretatio restncta) is adopted if just reasons, connected with the formation and character of the text, induce us to take the words in their narrowest meaning. This species of interpretation has generally been called “literal,” but the term is inadmissible. Lieber, Leg. & Pol. Herm. 66.
(2) Extensive interpretation (interpreUvtio extensiva, called, also, “liberal interpretation”) adopts a more comprehensive signification of the word.
(3) Extravagant interpretation (interpretatio excedens) is that which substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation.
(4) Free or unrestricted interpretation (interpretatio soluta) proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle
(5) Limited or restricted interpretation (interpretatio limitata) is when we are influenced by other principles than the strictly hermeneutic ones. Emesti, Inst. Interp.
(6) Predestined interpretation (interpretatio predestinata) takes place if the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views or desires. This includes artful interpretation (interpretatio vafer), by which the interpreter seeks to give a meaning to the text other than the one he knows to have been intended. The civilians divide interpretation into:
(1) Authentic (interpretatio authentiea), which proceeds from the author himself.
(2) Usual (interpretatio nsualis), when the interpretation is on the ground of usage.
(3) Doctrinal (interpretatio doctrinalis) , when made agreeably to rules of science. Doctrinal interpretation is subdivided into extensive, restrictive, and declaratory, extensive, whenever the reason of a proposition has a broader sense than its terms, and it is consequently applied to a case which had not been explained; restrictive, when the expressions have a greater latitude than the reasons; and declaratory, when the reasons and terms agree, but it is necessary to settle the meaning of some term or terms to make the sense complete.

This definition of Interpretation is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Judicial Review of Agency Interpretations of Law

Leading Case Law

Among the main judicial decisions on this topic:

Barnhart v. Thomas

Information about this important court opinion is available in this American legal Encyclopedia.

References

See Also

• Administrative Law
• Judicial Review
• Interpretations

Interpretation (Bills of Lading)

This section introduces, discusses and describes the basics of interpretation. Then, cross references and a brief overview about Bills of Lading is provided. Finally, the subject of Shipping in relation with interpretation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.