Original Intent Under The Paradigms Of Legislation Interpretation

Since the1960s, The rotation of Western philosophical hermeneutics has made legal interpretation paradigms change from the paradigms under methodology to ontology.The ontological interpretation theory emphasizes the subjectivity of the interpreter to find the meaning of legal texts in the while of criticizing the traditional methodological paradigm. But this legal interpretation paradigm which eliminates the boundary between legislative powder and judicial power in theory and practice also has its own inevitable defects. It has made the concept of legal interpretation generalization to make the distinguish between legal interpretation and continued Legislation blurred, then shaking the foundation of the legislative authority of the people’s traditional faith. Under this background, this paper tries to analyse the objectives and methods of legal interpretation under the different paradigms in the eye of legislators’intent, to find the sources of legal authority, to clarify the relationship between the judicial power and legislative power, to seek the different methods of legal interpretation and the ultimate intent etc. through the method of a kind of theoretical construction. This paper contains four parts:The first part focuses on the historical development of legal interpretation under the influence of philosophical hermeneutics research paradigm. The second part involves of critical thinking of legal hermeneutics ontological paradigm. The third part mainly discusses the concept of the legislators’intent. And the last part analy sizes the position of original intent of legislators’under the legal interpretation paradigm and the presence in legal interpretation.