Author(s)

Yaoran Lei ¹

Affiliation(s)

¹ University of New South Wales, Sydney, Australia

Corresponding Author

Yaoran Lei

ABSTRACT

This paper explores what appears to be the underlying causes of conflicts between systematic interpretation and historical interpretation in the application of law, and proposes what seem to be scientifically grounded and practical mechanisms for reconciliation. Through theoretical analysis and comparison with practical case studies, the study tends to suggest what appears to be the differences between these two interpretive approaches in terms of value orientation, logical reasoning, and operational execution, and outlines what might be characterized as their specific manifestations in judicial practice. What seems especially noteworthy in this analytical context is that systematic interpretation typically emphasizes internal coherence within the legal system, whereas historical interpretation predominantly focuses on the original intent of the legislature. Given the complexity of these theoretical relationships, these differing methodological foundations and normative goals often appear to lead to divergent judicial outcomes and uncertainties in legal application. What the evidence appears to reveal is that establishing a hierarchy of interpretive methods, enhancing the transparency of legislative materials, and constructing what seems to constitute a structured framework for judicial interpretation guidance can ostensibly help mitigate interpretive conflicts, thereby seemingly promoting greater normativity in legal interpretation and consistency in judicial decision-making within these evolving conceptual parameters. 

KEYWORDS

Methods of Legal Interpretation; Systematic Interpretation; Historical Interpretation; Interpretive Conflict

CITE THIS PAPER

Yaoran Lei. Resolving Conflicts between Systematic and Historical Interpretation in Legal Hermeneutics. Science of Law Journal (2025) Vol. 4: 106-113. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040417.

REFERENCES

[1] Yang, Huiping. "Methods and Limits of Criminal Law Interpretation." Jurisprudence (Hans), 2024, 12(3): 1603–1609.
[2] Fu, Aizhu. "How to 'Comprehensively Apply' Methods of Legal Interpretation." Chinese Social Sciences Digest, 2024(2): 111–112.
[3] Zhou, Mengyi. "On the Application of Legal Interpretation Methods in Judicial Decisions under Article 16 of the Insurance Law." Shanghai Insurance, 2023(7): 57–59.
[4] Zhang, Yajing. "The Application of Legal Interpretation Methods in Civil Adjudication—Taking Typical Civil Cases Promoting Core Socialist Values as Examples." Journal of Anyang Institute of Technology, 2023, 22(3): 41–45.
[5] Yang, Zhiwen. "The Argumentative Force and Limitations of Historical Interpretation in Statutory Law." Legal Studies, 2025, 47(1): 78–94.

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