Law Interpretation And Reality
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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.
Law And Reality
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Author : Mathilde Sumampouw
language : en
Publisher: BRILL
Release Date : 2023-11-27
Law And Reality written by Mathilde Sumampouw and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
The contributions in this Liber Amicorum deal with questions of procedural law in an international context. They cover not only problems of international civil procedure and international arbitration, but also questions of administering justice in the domestic civil and criminal law contexts, as well as in the fields of public international law and European Law. As will be clear from the list of authors, these topics are dealt with in an outstanding manner, quality needs no praise.
Language And Legal Interpretation In International Law
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Author : Anne Lise Kjær
language : en
Publisher: Oxford University Press
Release Date : 2022
Language And Legal Interpretation In International Law written by Anne Lise Kjær 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 2022 with Language Arts & Disciplines categories.
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
Defining Reality
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Author : Edward Schiappa
language : en
Publisher: SIU Press
Release Date : 2003
Defining Reality written by Edward Schiappa and has been published by SIU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Definition (Philosophy) categories.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
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.
Interpreting Law And Literature
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Author : Sanford Levinson
language : en
Publisher: Northwestern University Press
Release Date : 1988
Interpreting Law And Literature written by Sanford Levinson and has been published by Northwestern University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
The Oxford Handbook Of Law And Humanities
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Author : Simon Stern
language : en
Publisher:
Release Date : 2020
The Oxford Handbook Of Law And Humanities written by Simon Stern and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Education categories.
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Legal Interpretation And Scientific Knowledge
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Author : David Duarte
language : en
Publisher: Springer Nature
Release Date : 2019-09-25
Legal Interpretation And Scientific Knowledge written by David Duarte and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-25 with Law categories.
This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
The Moral Structure Of Legal Obligation
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Author : John-Michael Kuczynski
language : en
Publisher: John-Michael Kuczynski
Release Date : 2006
The Moral Structure Of Legal Obligation written by John-Michael Kuczynski and has been published by John-Michael Kuczynski this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Philosophy categories.
What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are not always expressed by perfect statistical concomitances – the existence of iniquitous laws poses no significant threat to a moralistic analysis of law. Special attention is paid to the debate between Ronald Dworkin and H.L.A. Hart. Dworkin’s over-all position is argued to be correct, but issue is taken with his argument for that position. Hart’s analysis is found to be vitiated by an impoverished conception of morality and also of the nature of government. Our analysis of law enables us to answer three questions that, at this juncture of history, are of special importance: Are there international laws? If not, could such laws exist? And if they could exist, would their existence necessarily be desirable? The answers to these questions are, respectively: “no”, “yes”, and “no.” Our analysis of law enables us to hold onto the presumption that so-called legal interpretation is a principled endeavor, and that some legal interpretations are truer to existing laws than others. At the same time, it accommodates the obvious fact that the sense in which a physicist interprets meter-readings, or in which a physician interprets a patient’s symptoms, is different from the sense in which judges interpret the law. So our analysis of law enables us to avoid the extreme views that have thus far dominated debates concerning the nature of legal interpretation. On the one hand, it becomes possible to avoid the cynical view (held by the so-called “legal realists”) that legal interpretation is mere legislation and that no legal interpretation is more correct than any other. On the other hand, it becomes possible to avoid Blackstone’s view (rightly descried by Austin as a “childish fiction”) that judges merely discover, and do not create, the law.