Hermeneutic Triangle and Features of Using Its Methodology in Legal Interpretation
Authors: Koziubra Mykola 
Published: October 2023

The article reflects on hermeneutic triangle as the special hermeneutical concept, exploring the possibilities and specifics of its application with a focus on the correlation between the author of the text, the text itself, and its interpreter, aiming to provide further insight into the interpretation of legal texts as one of the oldest jurisprudential problems, and the level of skills in applying this art heavily influences a lawyer’s professional qualities.In this regard, the article challenges some of the most widely spread legal approaches to the interpretation of the aim of statutory texts interpretation, specifically – determining the legislator’s (norm creator’s) authority; its aims; determining ‘the objective essence,’ or in other words, ‘the true sense’ of statutory norms.The article addresses a fundamental and most complicated question arising in the application of the hermeneutic triangle during statutory interpretation. Specifically, it delves into the role of interpreter (particularly the judge) within this triangle. It questions whether the interpreter has to determine the will of the statutory text author – the legislator, his/her aims, objective (true) essence (content) of the interpreted statutory norm, i.e. his/her role as the consumer or active creator co-author of the statute without altering its text. Grounding its findings on hermeneutics scholars and interpretation practice, the article stipulates that statutory text interpretation cannot exist independently of the will of the legal interpreter without regard to a specific historical situation that the interpretation takes place in. The interpretation is always connected to the actualization of statutory texts, their adaptation to the place, time, and exact situation under review by the court or any other institution applying the norm. This, however, does not deny that either of the statutory provisions may be understood better with regard to its origins by applying historical and teleological interpretation. Practical examples provided in the article only serve to emphasize that the above mentioned interpretive methods should not be overestimated while statutory provisions do not often provide insight to legislator’s will, and even in cases when they do, they may not mostly be applied the way the legislator has originally proposed.Therefore, primary emphasis is placed on difficulties of statutory text interpretation with the aid of the hermeneutical triangle technology application. An additional focus is made on the general methodological approach highlighted before by F. Schleiermacher where the interpreter may understand the interpreted text better than its author and by G. Radbruch that the statute may be more prudent than its author(s). However, in order to perform the interpretation in such a way, lawyer and interpreter needs to have the skills of analyzing both the text of the statute but also the context where the statute exists including the whole set of legal and colloquial issues the interpreter is confronted with in the process of interpretation. Legal interpretation of statutory norms reveal greatly interpreters’ creativity, i.e. their ability to deviate from the set thinking stereotypes, to approach the issues from non-standard point of view, and to solve those with the help of a non-standard way within the requirements of the rule of law. It is highly important to develop a non-positivistic approach being the major reason for improving lawyers’ professional skills where creativity plays a vital role.