On Interpreting Authorities

On the basis of a thorough review of the classical theory of legal authority,this paper analyzes the intention of the authority in the process of interpretation.Through the analysis of the tension between the authority theory and the intentional doctrine,the best attribution of the legal authority should be the law itself rather than the legislator.This proves that giving practice authority to law means that when interpreting authority,we need to rely on a formalistic interpretation.And this method of interpretation is related to the system.The legitimacy of the legal authority must be proved by dependence thesis,preemption thesis and normal justification thesis.Among them,the dependence thesis and the common thesis constitute the service concept of authority.According to this authority concept,if law advocates authority,law must have "service" for actors,and this "service" is mainly reflected in the law as a medium between actors and best action reasons.If the law is to give full play to its mediating functions,the instructions of the law must be authoritative and binding,and the premise of the authoritative binding of the legal instructions is to express the idea of "how the audience should behave" in content or content in a content.This means that the authority of the law is essentially regarded as the authority of the legislator.Therefore,when the content of the law is blurred and needs to be explained,the interpreter always tends to seek the meaning of the law from the intention of the legislator.In other words,because the reasons for action provided by law are closely related to the ideas held by legislators when they create laws,therefore,when laws need to be explained,interpreters always tend to use intentional interpretations to explore the authority of law from the intention of legislators.However,from the practice of modern democratic legislature,the legal interpretation should completely abandon the intention.This is because the modern democratic lawmakers in the Legislature are existed in the form of groups,whether the legislature is regarded as a person or legal drafters intent equivalent to legislative intent,intention held by various different legislators are not possible through calculation and total way of about the intention of the legislature.In other words,from the experience level,the democratic legislature is difficult to have the intention,and the law that it enacts can not reflect the intention of the specific legislator.Since intentional doctrine should be abandoned,the connection between the classical legal authority theory and intentional doctrine is so close.In order to maintain the authority of law,the best way is to use the tension between authority and intentional doctrine to separate the relationship between the two.According to the proposition of the common justification thesis,the authoritative audience gives the authority to the authority of the evaluation and selection of action reasons because they believe that authority can make the best choice for them based on a specific professional ability or moral consideration.Therefore,the blind obedience instruction is more reasonable than that of authoritative instructions.Because of the tension between authority and intentional doctrine,the best way to get rid of the intentional doctrine is to give authority to law rather than legislators.If the authority of the law can only be found in the legal text,the legal interpretation will only be bound by the law itself.The binding force of the legal text to the interpretations is mainly imposed by the legal system,because the legal system itself is made up of the law.The legal system mainly influences the legal interpretation through the economy of trust,and the allocation of trust determines the constrain of the interpreter by deciding the content of the legal meta interpretation.The interpreter chooses the reasonable legal interpretation method by using the meta interpretation method matching with his own system capability,and the legitimacy of the meta interpretation method comes from the legal authority in the legal system.