Legal interpretation in motion rights, institutions and regulation in contemporary legal change Ioana Maria Costea, editor

Format:

Book

Contributor:

Costea, Ioana Maria, editor.

Series:

Ius gentium (Dordrecht, Netherlands) ; v. 144.

Ius gentium : comparative perspectives on law and justice 2214-9902 volume 144

Language:

English

Subjects (All):

Law--Interpretation and construction.

Law.

Law--Methodology.

Physical Description:

1 online resource

Place of Publication:

Cham, Switzerland Springer [2026]

Summary:

"This open access volume provides a comprehensive account of the role of legal interpretation in shaping the development of law, legal reasoning, and institutional and constitutional practice. Drawing on contributions from constitutional law, criminal law, civil liability, consumer protection, EU law and digital regulation, it highlights interpretation as a key mechanism through which coherence, adaptability and fairness are maintained within legal systems. Legal interpretation mediates the translation of abstract principles into concrete outcomes, supports the protection of rights and freedoms, and enables the integration of new social and technological realities into existing legal frameworks. The contributions address a range of topics, including religious freedom, government liability, undue influence in liberalities and the evolving concept of family, illustrating how interpretative approaches can influence the scope and effectiveness of fundamental rights. Several chapters examine the constitutional dimension, focusing on the Romanian Constitutional Court’s use of the rule of law principle, the liability of government members and the impact of the EU Charter of Fundamental Rights on domestic legal systems. Other contributions engage with criminal law, including analogy in malam partem, teleological reasoning and the relationship between legal logic, aporia and structured openness. Civil and commercial law developments are also considered through analyses of consumer contracts, tort law and SME regulation. The volume further addresses contemporary challenges, including the impact of legal tech on litigation practices, the role of expert evidence and interpretative issues related to online advertising. Throughout, it shows how interpretation operates as a bridge between relatively stable legal texts and evolving social contexts. Overall, the book demonstrates that legal interpretation is not merely a technical tool, but a central element of legal reasoning, institutional practice and democratic legitimacy. It will be of interest to scholars, practitioners and advanced students engaged with contemporary developments in law and its interaction with society and technology"-- Springer Nature Link

Contents:

Legal logic, aporia and structured openness : a theoretical account of legal interpretation / Codrin Codrea

Excluded by definition : the oversight in Romania’s SME legislation / Despina-Martha Ilucă

Reflections on the in mala partem analogical interpretation in criminal law / Mihai Dunea

Tort law, droit des délits : an impossible equivalence / Carmen-Ecaterina Ciobâcă

The principle of cooperation as reflected in Romanian civil procedural law / Nicolae-Horia Țiț

The implications of teleological interpretation in forensic science / Ancuța Elena Franț

Charter of Fundamental Rights of the European Union : a prolific inspiration for Romanian legislation / Alina Mirabela Gentimir

Evolutionary interpretation of the concept of family : adapting legal norms to new families / Lucia Irinescu

Interpretive and jurisprudential values of religious freedom in comparative vision. Confluences between criminal law and fundamental rules / Andra Iftimiei

Legal tech companies, air passenger claims and Romania’s litigation market : a disruptive synergy / Carmen Tamara Ungureanu

Legal landscape of online advertising : an interpretative approach / Aura Elena Amironesei

The application of the undue influence in the matter of liberalities : overinterpretation versus underinterpretation / Codrin Macovei

Guidelines for legal interpretation of compensation in early consumer loan repayment under EU regulations / Luiza Cristina Gavrilescu

Public authority, responsibility and resources : interpreting the liability of the members of the government in the constitutional jurisprudence of Romania and France / Ioan Dumitru Apachiței

From apparent minimalism to genuine simplicity : contouring the concept of budget through interpretation / Ioana Maria Costea

Notes:

Includes bibliographical references

Online resource; title from PDF title page (Springer Nature Link, viewed August 12, 2026)

Other Format:

Print version Legal interpretation in motion

ISBN:

9783032329486

3032329485

OCLC:

1610968255

Access Restriction:

Some versions Open access versions available from some providers open access