Scheme of Interpretation

I found something interesting, maybe i’m going to be a Hans Kelsen fan, i’m joking, but surely it’s about his paper:

……. What make such an event a legal (or an illegal) act is not its facticity, not its being natural, that is, governed by causal laws and included in the system of the nature. Rather, what make such a system legal act is its meaning, comes by way of a norm whose content refers to the event and confers legal meaning on it; the act can be interpreted, then according to this norm. The norm functions as a scheme of interpretation. The norm is itself created by way of a legal act whose own meaning comes, in turn, from another norm. That a material fact isn’t a murder but the carrying out of a death penalty is a quality, imperceptible to the senses, that first emerges by way of an act of intellect, namely, confrontation with criminal code and with criminal procedure……..

Law is live in the society, it’s social phenomenon and it happens around us. We can’t deny that we live by law (called positive law) but not everything that we do is an law act. The meaning of legal act here is that meaning of something we do confers legal meaning on it. Here we come to the very basic thing: legal event.

According to Van Apeldoorn, legal event is an event that evoke or erase right or duty.[1]  In my opinion, law event is attached to our activities such as birth, death, expiration, strafbaarfeitexess de pouvoir, onrechtmatigedaad, etc. And our activities are attached to responsibility (verantwoordelijkheid), liability (aansprakelijkheid), and accountability (rekenplichtheid). So this is why law events create law relationship with each other and law relationship evoke legal consequences.

The sole legal opinion is norm. Someone cognition becomes legal at the point at which he brings together the material fact he has established and the statue he is to apply; that is to say, his cognition becomes legal when he interprets the material fact as “theft’ and ‘fraud’. And this interpretation is possible only if the content of material fact is cognized in very specific way, namely, as the content of norm.[2]

Norm must, then, also determine in its content both where and when the behavior takes place. The validity of norms governing human behavior generally is spatial and temporal validity because these norms have as their content spatial and temporal events. That a norm is valid will always means that it is valid in some time or another – in other words, that it refers to events that can only take place somewhere and some time. [3]

[1] Wahyu Sasongko, 2011, Basics of Law Knowledge, Bandar Lampung: University of Lampung.

[2]  Hans Kelsen: translated by Bonnie Litschewski Paulson and Stanley L. Paulson, 1992, Introduction to The Problems of Legal Theory, United States: Oxford.

[3] Ibid, page 12

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