Abstract

The essay is an attempt to examine aspects of legal interpretation from an external, sociological point of view. “Interpretation”, in its normal juristic sense, is primarily a process in which decision‐makers with secondary legitimacy link their decisions to authority of primary legitimacy. The type of legitimacy which is dominant within the legal system greatly influences the style of interpretation ‐ in “closed” systems, where the stock of premises is fixed, “legalism” will abound. Legal interpretation is not concerned with what a text really means, in any literal sense; and standards for judging legal interpretation are different from the standards of judging other forms of communication, for example, literature. Indeed, a judge can be considered great precisely because of his creative acts of misinterpretation.