Law And Interpretation
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Legislating Statutory Interpretation
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Author : CHRISTOPHER. HUNT
language : en
Publisher:
Release Date : 2018
Legislating Statutory Interpretation written by CHRISTOPHER. HUNT and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Law And Legal Interpretation
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Author : Fernando Atria Lemaitre
language : en
Publisher: Routledge
Release Date : 2017-11-01
Law And Legal Interpretation written by Fernando Atria Lemaitre and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-01 with Social Science categories.
This title was first published in 2003. Leading contemporary essays on interpretation are assembled in this volume, which offsets them against a small number of "classical" works from earlier periods. It has long been recognized that textual sources (constitutions, statutes, precedents, commentaries) are central to developed systems of law and that interpretation of such texts is one highly important element in adjudication, legal practice and legal scholarship. Scholars have also contended that the totality of legal activity is "interpretive" in a wider sense and debates about objectivity have raged. The reasons for this development are here critically scrutinized.
Cardinal Rules Of Legal Interpretation
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Author : Edward Beal
language : en
Publisher:
Release Date : 1896
Cardinal Rules Of Legal Interpretation written by Edward Beal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1896 with Law categories.
Interpretation Law And The Construction Of Meaning
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Author : Anne Wagner
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-16
Interpretation Law And The Construction Of Meaning written by Anne Wagner and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-16 with Law categories.
The study of legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. New problems, changing power structures and societal norms and new faces of injustice – all these force reconsideration, reformulation and even replacement of established doctrines. This book focuses on the application of law in a wide variety of contexts, including international politics and diplomatic practice.
Public Law And Statutory Interpretation
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Author : Lisa Burton Crawford
language : en
Publisher:
Release Date : 2018-01-31
Public Law And Statutory Interpretation written by Lisa Burton Crawford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-31 with Law categories.
This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.
Legal Interpretation Perspectives From Other Disciplines And Private Texts
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2010-10-27
Legal Interpretation Perspectives From Other Disciplines And Private Texts written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-27 with Law categories.
In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalts meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
Statutory And Common Law Interpretation
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2013
Statutory And Common Law Interpretation written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Law Interpretation And Reality
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Author : Patrick Nerhot
language : en
Publisher: Springer Science & Business Media
Release Date : 1989-12-31
Law Interpretation And Reality written by Patrick Nerhot and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-12-31 with Law categories.
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Statutory And Common Law Interpretation
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2012-11-12
Statutory And Common Law Interpretation written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-12 with Law categories.
As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles. The next issue addressed is whether the intent of those in authority matters for interpreting the kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing. On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted. The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions. An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula. A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles.
On The Interpretation Of Statutes
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Author : Sir Peter Benson Maxwell
language : en
Publisher:
Release Date : 1875
On The Interpretation Of Statutes written by Sir Peter Benson Maxwell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1875 with Law categories.