THE LAW AND ITS INTERPRETATION

Abstract

Summary. This paper is dedicated to the issues of legal process, law interpre-tation and judges position in decision-making. The main arguments are taken from the N. Cardozo’s and L. Carter’s view of law and justice in the USA. Key words : law; interpretation; legal reasoning; decision-making; the USA. N. Cardozo considers any law-text within the space and time con-texts: “the principles that have served their day expire and new principles are born” (N. Cardozo). For a judge to be impartial and just means to be an absolute, ideal “third party” [2, p. 56]. But the outcome of the case depends on the values, believes and individual understanding and interpretation of the law-texts. This is what Carter and Cardozo are concerned about. Wide-ly accepted ideas and morals of society within the time influence judge’s decision. Is a legal process a “discovery” or “creation”? This issue is rooted in the question should a law be regarded as an original intent or as a living and breathing entity. First, we describe the types of law in the USA. There are three basic types of law in America, which judges apply for in terms of case resolution and legal reasoning. First of all, the Constitutional Law, which is “a su-preme law of land” and no law can be enacted that contravenes the provi-sions of the USA Constitution. Second of all, statutory law, which is enacted by legislature. It is created through a formal lawmaking process and codified in official text. According to L.H. Carter, statutes are the skeleton of the body politic [2]. They are the primary levelers that authorize those who govern to take our property, our freedom or our lives. In matters of statutory interpreta-tion, judges must follow the legislature’s policy to resolve the case.