On The Logic Canons Of Laws Interpretations

Classic legal interpretation, created by Savigny, firmly holds a very important position in the history of legal Hermeneutics development. The four canons of this theory had become the foundation of contemporary legal interpretation system. After Savigny, semantic canon, systematic canon and historical canon were regard as core methods in the interpretation system. However, logic canon were criticized toughly by the most jurists. The reason was that the logic is inclined to isolate laws and regulations from real life. In my opinion, we should not underestimate the positive facet of logic canon in the interpretation methods system. In order to clearly introduce the logic canon and explain the necessity and feasibility, this thesis consists of three parts.The first part of this thesis mainly introduces what canon of logic interpretation is and how this canon works in the classic legal Hermeneutics. Points out the limitations of this theory, clarifies the connotation of it. It also tells the origin and development of this theory in both civil law system and our country's system.In the second part, I want to discuss the basis of contemporary legal interpretation system as well as value logic canon represents. It has a solid theoretical basis without questions. After that, I will make a concrete analysis of concrete legal interpretation methods.As the core part of whole thesis, The third part will import the reality of logic canon in our country. Firstly, i want to discuss the shortcomings of logic. Next, I will give my reasons on why logic canon is not only necessary but feasible to the judicial practice. Of course, all of these demonstrations are from perspectives of Civil Laws.