CHAPTER 7.docx - CHAPTER 7 JUDICIAL LAW-MAKING DURING...

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CHAPTER 7- JUDICIAL LAW-MAKING DURING CONCRETISATION WHAT IS CONCRETISATION? According to duplessis, concretization is the final stage in the interpretation process. The legislation is realized (becomes a reality). During concretization the legislative text and purpose, as well as the facts of a particular situation are brought together to reach a conclusion. Synonyms fro concretization are correlation, harmonization and actualization. Concretization is the process through which the interpreter moves from the abstract to the practical reality to apply the particular legislation. After the text as been studied and all the presumptions, aids and principles to contextualize and to determine the aim and purpose of the legislation are employed, the result is applied to the facts of the case to reach the correct solution. The concretization phase always takes place irrespective of the interpretative approach adopted by the interpreter. Text in context supporters- argue
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  • Fall '15
  • Law, Language interpretation, Concretization

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