Abstract

This paper analyzes Adolf Julius Merkl’s contributions to Hans Kelsen’s theory of legal interpretation. Initially the possible extension of the influence of Kelsen’s conception of legal science as a descriptive discipline on Merkl’s theory of legal interpretation is discussed. The many common aspects between Merkl’s and Kelsen’s conceptions of legal interpretation are identified and presented and after that the dissonances and differences between these conceptions are indicated. It is highlighted that in Merkl’s theory of interpretation there is a distinction to be found, between the grammatical-logical interpretation and the literal legal interpretation. Based on the presentation of these aspects and on the indication of Merkl’s texts on many specific topics it is argued that Kelsen’s theory of legal interpretation incorporated many of Merkl’s ideas on the matter.