Public Law Studies Quarterly

Intentionalist Interpretation of the Law with an Emphasis on Bargaining Theory

Articles in Press

Document Type : Article

Authors

Seyed Alireza Rezaee 1
Ali Javadi 2
Jafar Shafiee Sardasht 3

1 PhD in Private Law, Faculty of Law and Political Sciences, Ferdowsi University, Mashhad, Iran

2 M.A. in public law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

3 Assistant Prof., Department of Public Law, Faculty of Law and Political Sciences, Ferdowsi University, Mashhad, Iran

https://doi.org/10.22059/jplsq.2025.376194.3530
Abstract
Laws, like any other human phenomenon, may have ambiguities, conflicts or contradictions. Therefore, the interpretation of the law is essential. The lack of a systematic way of interpretation of the laws causes multiple interpretations of law texts and finally irregularity in the implementation of legal regulations. 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.

Keywords

Law Interpretation
Originalist Interpretation
Intentionalist Interpretation
Bargaining Theory
Subjects

  1. English

    1. A) Books
    2. Cooter, R. D ., & Gilbert, M. D (2022). Public law and economics. New York: Oxford university.
    3. Maschler, M؛ Solan, E and Zamir, S. (2013). Game Theory. Cambridge: Cambridge university press.
    4. Muthoo, A. (2002). Bargaining Theory with Applications. Cambridge: Cambridge university press.
    5. Thomson, W. (1994). Cooperative models of bargaining. In Handbook of Game Theory with Economic Applications Volume 2, edited by Aumann, R. and Hart, S. Elsevier, 1237-1284.
    6. Vieira, M. B and Runciman, D. (2008). Representation. Cambridge: Polity Press.

     

    1. B) Digital Resources
    2. Flores Borda, G. (2011). Game Theory and the Law: The “Legal-Rules-Acceptability Theorem” (A rationale for non-compliance with legal rules), available at https://centrocedec.files.wordpress.com/2010/06/gt-center-game-theory-and-the-law-theorem-25-03-11.pdf. last seen 2024-05-13.
    3. McCubbins, M. D (1992). Positive Canons: The Role of Legislative Bargains in Statutory Interpretation, Georgetown Law Journal, 80, 705-742. Available at: https://scholarship.law.duke.edu/faculty_scholarship/3295 . last seen 2024-05-13.
    4. Schelling, T (1952). An Essay on Bargaining. The American Economic Review, 46(3). 281-306. Available at: http://www.jstor.org/stable/1805498. . last seen 2024-05-13.

     

    References in Persian:

    1. A) Books
    2. Bahrami, B. (2011). Interpretation requirements of laws and contracts. Tehran: Negah Bayene (In Persian).
    3. Faraji, Y. (2005). Micro economic theory. Tehran:Sherkat Chap va Nashr Bazargani (In Persian).
    4. Fathi, M., & koohi isfahani, K. (2018). The Constitution of the Islamic Republic of Iran with explanatory comments of Shora NegahBan. Tehran: Shora Negahban’ Institute (In Persian).
    5. Ghazi, A. (2020). Constitutional requirement. Tehran: Mizan (In Persian).
    6. Hashemi, S. M. (2007). Constitutional law of the Islamic Republic of Iran. second volume. Tehran: Mizan (In Persian).
    7. Katouzian, N. (2013). Introduction to law and the study of Iran's legal system. Tehran: Sherkat Enteshar (In Persian).
    8. Mohammdi, A. (2011). Basics of Islamic inference or Osol figh’h. Tehran: Tehran University (In Persian).
    9. Rahmati, M., & Yosofi, K. (2021). Game theory. Tehran: Mizan (In Persian).
    10. Tabatabaei motameni, M. (2019). Review and analysis of citizenship rights and human rights: public freedoms and human rights. Tehran: Tehran University (In Persian).
    11. The General Department Cultural Affairs of the Islamic parliament (1985). Annotated deliberations of the Parliament of the final review of the Constitution of the Islamic Republic of Iran. Vol. 1 & 3, Tehran: The General Department of Cultural Affairs the Islamic parliament (In Persian).
    12. Vakil, A., & Askari, P. (2015). Constitution in the current legal order. Tehran: Majd (In Persian).

     

    1. B) Articles
    2. Afshar, S. (2018). Authorist Approach in the Interpretation of the Constitution of the Islamic Republic of Iran. Quarterly Knowledge of Public Law, 8(20), 49-70 (In Persian).
    3. Aghaeetoogh, M. (2007). Investigating the interpretive approach of the Shora negahban with Gadamer's hermeneutics. Islamic education and law, 8(1), 33-59 (In Persian).
    4. Babaee Mehr, A. (2009). interpretation, principles in public law. private law. 6(14), 167-196 (In Persian).
    5. Bahadori Jahromi, M. (2016). The legal status of the official interpretation of the constitution compared to the text of the constitution with an emphasis on Iran's legal system. Knowledge of public law, 5(14), 47-67 (In Persian).
    6. Etratdoust, M., & Vazirifard, S. M. (2013). Examining the jurisprudential arguments of the opponents of women in Shia jurisprudence.Fiqh and Islamic law studies. 9(33), 79-94 (In Persian).
    7. Habibnejad, S. & Ameri, Z. (2017). The Feasibility of the Dismissal of the Parliamentary Deputies in the Constitutional Law System of Iran. Knowledge of public law, 6 (18), 67-89 (In Persian).
    8. Habibzadeh, T; Bahadori Jahromi, M and Asghari Shoorestani, M. (2022). The “Ijtihadi” Interpretation Theory and its Place in Interpreting the Constitution of Iran. Public law studies, 52(3), 1205-1225 (In Persian).
    9. Javid, M., & Afshar, S. (2018). Textualist Approach in Legal Interpretation: with Emphasis on Islamic Republic of Iran Constitution. Public law research, 20 (61), 39-60 (In Persian).
    10. Khalf Rezaee, H. (2014). Approach to interpreting the Constitution; With a look at the opinion of shora negahban. Knowledge of public law, 3 (17), 73-93 (In Persian).
    11. Khosravi, H (2018). Representation theory in the light of public law. Legal research, 21 (83), 159-186 (In Persian).
    12. Lakzaei, S., & Ferahati, A. (2019). Explanation of the meaning of "Religious-Political Rejal" included in Article 115 of the Constitution with an emphasis on the Imam Ali opinion. Researches of Nahj al-Balagha, 18 (60), 69-90 (In Persian).
    13. Nikonahad, H., Asghari shurestani, M., & Aeene negini, H. (2016). The interpretative approach of Shora negagban in the first period of activity. Quarterly Journal of Knowledge of Public Law, 5(14), 23-46 (In Persian).
    14. Mir hoseini, S. A., & Sadeghpour, J. (2016). Investigating and analyzing the legitimacy of parliament representation according to its position in the structure of the religious democratic system. Figh’h and Principles of Islamic Law, 49(1), 147-166 (In Persian).
    15. Movahedi Moheb, M. (2021). Religious and Political Figures as a Dominant Clause in Principle 115 of the Constitution of the Islamic Republic of Iran. Legal research, 24(96), 265-290 (In Persian).
    16. Vizheh, M. (2009). A Review of Hierarchy of norms in legal system of Islamic Republic of Iran. Rahbourd, 18 (50), 5-38 (In Persian).

     

    1. C) Thesis
    2. Aghaee Toogh, M. (2007). The influence of Gadamer's theory of interpretation on the theory of constitutional interpretation. Master's thesis. Tehran: Shahid Beheshti University, Faculty of Law (In Persian).
    3. Mohammadi Mirazizi, P. (2020). Analyzing systematic (logical) interpretation in Iranian law and examining its place among other methods of interpretation. PHD thesis. Qom: Qom university, Faculty of Law (In Persian).

     

    D)Ddigital Resources

    1. Detailed discussion of the Islamic Parliament (2015). Tehran, available at https://www.rrk.ir/Laws/ShowLaw.aspx?Code=15152 (In Persian).
    2. Ghazizade, K (2004). Women and executive responsibility at government, Payam Zan. available at http://payamezan.eshragh.ir/article_52565.html (In Persian).
    3. Haeri Yazdi, M (2016). Wisdom and Governance, available at https://kadivar.com/wp-content/uploads/2016/07/Hekmat-va-Hokoumat.pdf, last seen 2024-02-16 (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 21 March 2026

  • Receive Date 14 May 2024
  • Revise Date 12 November 2024
  • Accept Date 05 May 2025

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us