Problems of the Theory of Interpretation of the Will of the Legislator

This article discusses the theory of interpretation of law that considers the will of the legislator the main object of interpretation. The main purpose is to recheck the axiomatic statements of this theory of interpretation about the will of the legislator and an adequate assessment of its scientific potential from the standpoint of hermeneutics and phenomenology. To achieve this goal, the main postulates of the theory of interpretation of the will of the legislator are considered, and its problem areas and heuristic characteristics are analyzed. In particular, insufficient and incomplete justification is fixed, namely the real presence of the figure of the legislator or the existence of the author of the legal norm, the possibility of expressing the collective will, and the identity between the implanted meaning available in the text and the understood. Arguments in favor of a critical understanding of the theory of interpretation of the will of the legislator are investigated both in applied and theoretical manners and in the private and public spheres of relations. The conclusion emphasizes the limited cognitive significance of the theory of the will of the legislator in the process of interpreting law.