Document Type : Article
Authors
1 PhD in private law ferdowsi university of mashhad, mashhad, iran.
2 MA in public law, Faculty of Law and Political Sciences, Shahid Beheshti University, Tehran, Iran
3 Assistant Professor of Public Law, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran.
Abstract
Laws, like any other human phenomenon, may have ambiguities, conflicts or contradictions. In order to prevent scattered interpretations of law texts, legal writers have tried to propose different methods to interpret the law so that they can reduce scattered interpretations of law texts by presenting a methodical way. One of these ways is to pay attention to the origin of the law and the intention of the legislator. In this method, the commentator is trying to discover the legislator's opinion from legal texts or other related texts, such as negotiations of the approval of the law. In this research, the method of intentionalist interpretation of the law is examined and based on the theory of bargaining, a systematic method is proposed to examine the negotiations for the approval of the law. Finally, the current article concluded that the method of intentional interpretation of the law can resolve the ambiguities of the legal texts. The most important issue of the mentioned method is the way of examining the negotiations for the approval of the law, which can be used to discover the will of the effective legal groups by using the bargaining theory.
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