Application of inference to the best explanation in law interpretation

Type : Research Article

Authors

1 Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran.

2 Ph.D. Candidate in Private Law, Faculty of Law, University of Qom, Qom, Iran.

Abstract

Interpretation is the method of law. It has sub methods. Any of these sub methods have basis and use technique that coordinate with its basis. One of the sub methods at law is the systematic method of interpretation. The major base of this method is to interpret a part of text in correspondence with the other parts so that the text’s coherence is preserved. One of these techniques that is used in this method is Inference to the best explanation. It includes three phases: to observe the facts and cases, to propose the theories and guesses to explain those cases and facts, to choose the best explanation through the rival theories. The best theory is that can explain more cases and be less complicated and have more consistency with the legal system. Inference to the best explanation is used in law very much though its name is less known. This inquiry tries to explain this way of argument logically and analyze its position at law and clarify its application by several instances.

Keywords

‌ Files

‌ Timeline

  • Received: 29 October 2019
  • Revise: 16 February 2020
  • Accepted: 20 February 2020

‌ Share

‌ How to Cite

‌ Article Metrics