Purposive Interpretation In Law
DOWNLOAD
Download Purposive Interpretation In Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Purposive Interpretation In Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Purposive Interpretation In Law
DOWNLOAD
Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2011-10-16
Purposive Interpretation In Law written by Aharon Barak 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 2011-10-16 with Law categories.
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
A Purposive Approach To Labour Law
DOWNLOAD
Author : Guy Davidov
language : en
Publisher: Oxford University Press
Release Date : 2016
A Purposive Approach To Labour Law written by Guy Davidov 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.
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
Statutes In Court
DOWNLOAD
Author : William D. Popkin
language : en
Publisher: Duke University Press
Release Date : 1999
Statutes In Court written by William D. Popkin and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Statutory Interpretation In Australia
DOWNLOAD
Author : Dennis Charles Pearce
language : en
Publisher:
Release Date : 2014
Statutory Interpretation In Australia written by Dennis Charles Pearce and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts & tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become a vital tool of practice for anyone engaged in statutory interpretation.Geddes UNE; Pearce ANU.
The Judge In A Democracy
DOWNLOAD
Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
The Judge In A Democracy written by Aharon Barak 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 2009-01-10 with Law categories.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
The Interpretation Of Legislation In Canada
DOWNLOAD
Author : Pierre-André Côté
language : en
Publisher:
Release Date : 1991
The Interpretation Of Legislation In Canada written by Pierre-André Côté and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
Legal Interpretation Of Tax Law
DOWNLOAD
Author : Robert F. W. van Brederode
language : en
Publisher:
Release Date : 2014
Legal Interpretation Of Tax Law written by Robert F. W. van Brederode and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Corporations categories.
This book deals comparatively with tax law interpretation in economies engaged in cross-border investment at a global level. Authors from eleven jurisdictions provide detailed analysis and commentary on various tax law topics and issues, such as: methods of tax law interpretation; how the judiciary is organized as regards tax law; the role, if any, of the central goverment's high court in providing precedent and guidelines for interpretation; external sources a court can consider when interpreting legislation; constitutional restrictions on interpretation of legislation; prevalence of the general anti-avoidance rule (GAAR); "transplanted" categories (an undefined term is clarified through the meaning of that same term in another law); the concept of "ordinary income"; the concept of "capital" expenses; interpretation of tax treaties; and interrelation of judicial interpretation and administrative interpretation
The Right Of Actio Popularis Before International Courts And Tribunals
DOWNLOAD
Author : Farid Ahmadov
language : en
Publisher: BRILL
Release Date : 2018-08-13
The Right Of Actio Popularis Before International Courts And Tribunals written by Farid Ahmadov and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-13 with Law categories.
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Statutory Interpretation
DOWNLOAD
Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-21
Statutory Interpretation written by Douglas Walton 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 2021-01-21 with Law categories.
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Interpretation Of Contracts
DOWNLOAD
Author : Kim Lewison
language : en
Publisher:
Release Date : 2013
Interpretation Of Contracts written by Kim Lewison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Contracts categories.
The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.