Legal Interpretation Perspectives From Other Disciplines And Private Texts
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Legal Interpretation
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2010-11-24
Legal 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 2010-11-24 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, Greenawalt's 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.
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.
Interpretation In International Law
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Author : Andrea Bianchi
language : en
Publisher: OUP Oxford
Release Date : 2015-02-26
Interpretation In International Law written by Andrea Bianchi and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-26 with Law categories.
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Meaning And Power In The Language Of Law
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Author : Janny H. C. Leung
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-18
Meaning And Power In The Language Of Law written by Janny H. C. Leung and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-18 with Language Arts & Disciplines categories.
A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.
Methodology In Private Law Theory
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-01-02
Methodology In Private Law Theory written by 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 2024-01-02 with Law categories.
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.
Realms Of Legal Interpretation
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2018
Realms Of Legal 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 2018 with Law categories.
In Realms of Legal Interpretation, Kent Greenawalt focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. The problem, he argues, is that we do not, and never have, agreed exist on all the details of the standards United States judges should employ--like everyone else, judges have different ideas of what constitutes good common sense.
Legal Fictions In International Law
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Author : Reece Lewis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25
Legal Fictions In International Law written by Reece Lewis 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.
This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.
Legal Moral And Metaphysical Truths
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Author : Kimberly Kessler Ferzan
language : en
Publisher: Oxford University Press
Release Date : 2016
Legal Moral And Metaphysical Truths written by Kimberly Kessler Ferzan 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 2016 with Law categories.
Reviewing the work of legal philosopher Michael S. Moore, this volume examines how crimes ought to be defined, what justifies punishment, what moral commitments underlie the law, how our understanding of concepts such as causation impact law and morality, and how psychiatry and cognitive neuroscience relate to law.
Interpreting The Constitution
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Author : Kent Greenawalt
language : en
Publisher:
Release Date : 2015
Interpreting The Constitution written by Kent Greenawalt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This book uniquely presents a sophisticated account of possible approaches to constitutional interpretation and also examines how major provisions in the U.S. Constitution are, and should be, interpreted. Together, the chapters show why simple, straightforward approaches, such as textual originalism, are insupportable, and why even providing a more complex but systematic account of what judges should do is impossible.
Law And Language
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Author : Michael D. A. Freeman
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-02-21
Law And Language written by Michael D. A. Freeman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-21 with Law categories.
Offers a broad overview of the interaction between law and language and the way they infuence each other. Contains papers from the 15th annual interdisciplinary colloquium held in the Law School of UCL in July 2011.