Extending Interpretation and Analogy in Law

Abstract

This article focuses on comparing exponential interpretations and analogy in law. For this purpose, the author places both title concepts in the theory of law in general. Then both the exponent interpretation and the analogy are analyzed separately to distinguish their particular features. The final stage is a comprehensive comparison of both concepts. Such analysis leads to the separation of two extreme positions. According to some doctrine, the title terms must be strictly separated. In turn, other authors claim that the boundary between analogy and the expansive interpretation is very unstable. The author does not agree with these extreme positions, presenting his own point of view.