The Language Of Statutes
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The Language Of Statutes
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Author : Lawrence Solan
language : en
Publisher: University of Chicago Press
Release Date : 2010-12
The Language Of Statutes written by Lawrence Solan and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12 with Language Arts & Disciplines categories.
We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
On Legislative Expression Or The Language Of The Written Law
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Author : George Coode
language : en
Publisher: Dyson Press
Release Date : 2011-10
On Legislative Expression Or The Language Of The Written Law written by George Coode and has been published by Dyson Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10 with Law categories.
Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
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.
Rhetorical Strategies In Legal Language
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Author : Anna Trosborg
language : en
Publisher: Gunter Narr Verlag
Release Date : 1997
Rhetorical Strategies In Legal Language written by Anna Trosborg and has been published by Gunter Narr Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Discourse analysis categories.
A Treatise On The Construction And Effect Of Statute Law
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Author : Henry Hardcastle
language : en
Publisher:
Release Date : 1892
A Treatise On The Construction And Effect Of Statute Law written by Henry Hardcastle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Law categories.
A Commentary On The Interpretation Of Statutes
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Author : Gustav Adolf Endlich
language : en
Publisher:
Release Date : 1888
A Commentary On The Interpretation Of Statutes written by Gustav Adolf Endlich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1888 with Law categories.
Statutory Interpretation
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Author : Yule Kim
language : en
Publisher:
Release Date : 2009
Statutory Interpretation written by Yule Kim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.
The Genre Of Early Modern English Statutes
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Author : Anu Lehto
language : en
Publisher:
Release Date : 2015
The Genre Of Early Modern English Statutes written by Anu Lehto and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Complexity (Linguistics) categories.
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.
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.