Law Interpretation And Reality


Law Interpretation And Reality
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Law Interpretation And Reality


Law Interpretation And Reality
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Author : P.J. Nerhot
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17

Law Interpretation And Reality written by P.J. 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 2013-04-17 with Philosophy 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.



Interpretation Of Law In The Age Of Enlightenment


Interpretation Of Law In The Age Of Enlightenment
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Author : Yasutomo Morigiwa
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-06-29

Interpretation Of Law In The Age Of Enlightenment written by Yasutomo Morigiwa 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 2011-06-29 with Philosophy categories.


A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.



Theory And Reality In Public International Law


Theory And Reality In Public International Law
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Author : Charles De Visscher
language : en
Publisher: Princeton University Press
Release Date : 2015-12-08

Theory And Reality In Public International Law written by Charles De Visscher and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-08 with Law categories.


This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.



Law S Reality


Law S Reality
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Author : Allan Beever
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25

Law S Reality written by Allan Beever and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-25 with Law categories.


Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.



Constitutional Interpretation


Constitutional Interpretation
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Author : Jeffrey M. Shaman
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2000-11-30

Constitutional Interpretation written by Jeffrey M. Shaman and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-30 with Law categories.


This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts. Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.



Modern Legal Interpretation


Modern Legal Interpretation
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Author : Marko Novak
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2019-01-24

Modern Legal Interpretation written by Marko Novak and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-24 with Law categories.


Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.



Treaty Interpretation


Treaty Interpretation
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Author : Edward Slavko Yambrusic
language : en
Publisher:
Release Date : 1987

Treaty Interpretation written by Edward Slavko Yambrusic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Political Science categories.




Interpretation Law And The Construction Of Meaning


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.



Law Narrative And Reality


Law Narrative And Reality
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Author : G.C. van Roermund
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09

Law Narrative And Reality written by G.C. van Roermund 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 2013-03-09 with Law categories.


This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here `the interception hypothesis'. Although it is derived from the theory of literature (the theory of narrative) and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.



Statutory Interpreation In Private Law


Statutory Interpreation In Private Law
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Author : Prue Vines
language : en
Publisher:
Release Date : 2019-04-30

Statutory Interpreation In Private Law written by Prue Vines and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-30 with categories.