• Law

Law and Interpretation

Essays in Legal Philosophy
Author: Andrei Marmor
Publisher: Oxford University Press on Demand
ISBN: 9780198264873
Category: Law
Page: 463
View: 7606
Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most distinguished scholars in the field. The collection assesses the role of legislative intent in the interpretation of statutes, and in determining legal standards. This collection will appeal not only to lawyers and to legal theorists, but to all scholars of legal discourse.

    • Law

Between Authority and Interpretation

On the Theory of Law and Practical Reason
Author: Joseph Raz
Publisher: OUP Oxford
ISBN: 0191580341
Category: Law
Page: 432
View: 3792
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.


    • Law

A Matter of Interpretation: Federal Courts and the Law

Federal Courts and the Law
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Category: Law
Page: 200
View: 5055
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

    • Law

Reading Law

The Interpretation of Legal Texts
Author: Antonin Scalia,Bryan A. Garner
Publisher: West Group
ISBN: 9780314275554
Category: Law
Page: 567
View: 7192
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

    • Law

General Laws and Interpretation -Sultanate of Oman -Part I

Perspicuous Edition 2014
Author: Henrietta Newton Martin
Publisher: BookRix GmbH & Company KG
ISBN: 3730984535
Category: Law
Page: 84
View: 3185
Over the years,the Sultanate of Oman has witnessed radical changes in its legal system through varied laws and the interpretation of the laws. With special emphasis on the Oman labor law, this book delves into certain radical amendments in brief from 2011 to 2013 in the form of ministerial decisions, through which , the law makers in the jurisdiction,strived to strengthen the socio-economic structure of Oman as a productive economy on one hand, and also reflects on how the implementation of such ministerial decisions received a blow at the inception and took time to settle down in the minds of the governed.The book in its last chapter suggestively deals in brief with general legal principles in the Sultanate of Oman and certain concepts that it advisedly ought to integrate in its legal system as an emerging constitution.

    • Law

Interpreting Law and Literature

A Hermeneutic Reader
Author: Sanford Levinson,Steven Mailloux
Publisher: Northwestern University Press
ISBN: 9780810107939
Category: Law
Page: 502
View: 8880
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."

    • Bible

The Right Chorale

Studies in Biblical Law and Interpretation
Author: Bernard Malcolm Levinson
Publisher: N.A
ISBN: 9781575062105
Category: Bible
Page: 432
View: 1445
"First published 2008 by Mohr Siebeck, T'ubingen, Germany, as volume 54 in the series Forschungen zum Alten Testament"--Data View.


    • Law

Handbook on the Construction and Interpretation of the Laws, with a Chapter on the Interpretation of Judicial Decisions and the Doctrine of Precedents


Author: Henry Campbell Black
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584778857
Category: Law
Page: 499
View: 1478
Reprint of first edition (1896). "The following pages contain a condensed statement and exposition of the accepted canons and rules for the construction and interpretation of the written laws, whether constitutional or statutory. In accordance with the general plan of the Hornbook Series, these rules have been formulated somewhat after the manner of a code, expressed in brief black-letter paragraphs numbered consecutively throughout the book, and explained, developed, and illustrated in the text." --Preface, iii. HENRY CAMPBELL BLACK [1860-1927] was also the author of the standard American law dictionary, A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern Including the Principal Terms of International, Constitutional, and Commercial Law, first published in 1891, and other works.

    • Language Arts & Disciplines

LAW & LANGUAGE


Author: Tsz-Shan Wei,韋子山
Publisher: Open Dissertation Press
ISBN: 9781374712195
Category: Language Arts & Disciplines
Page: 194
View: 4129
This dissertation, "Law and Language: Problems of Meaning and Interpretation in the Hong Kong Courts" by Tsz-shan, Wei, 韋子山, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled Law and Language: Problems of Meaning and Interpretation in the Hong Kong Courts submitted by Wei Tsz Shan for the degree of Master of Philosophy at the University of Hong Kong in November 2000 When we talk about legal disputes in law cases, all of them can be generalized as the question: does 'X' fall within the meaning of 'Y'?; that is, they can be understood as questions of 'categorization'. A legal judgment is actually a decision of categorizing a factual scenario (i.e. the alleged act) into a 'category' (i.e. the provision of a statute). If the act of the defendant (i.e. X) is considered by judges (or the jury) as falling within the provision of the statute (i.e. Y), the defendant shall be convicted. In considering whether 'X' (i.e. a concept, an event or an object) is 'Y', the legal practitioners have to know the meaning of 'X' and 'Y'. However, it is not easy to clarify what do 'X' and "Y' mean. Lord Reid's remarks, 'Normally, the meaning of words, is a question of law for the courts' and 'the meaning of an ordinary word of the English language is not a question of law', can be perceived as a precise description of the problems of meaning in legal interpretation. Language is intrinsically indeterminate. The legal practitioners are working with the problems of ambiguity and vagueness, open texture of words and penumbra of uncertainty, and blurred word boundaries etc. The adoption of different interpretive approaches and other factors, such as habitual collocation, legislative intents and intended social effects, authenticity of the two language texts and hierarchical structure of the courts will also contribute to the complexity of interpretation. i Under a monolingual legal system, legal practitioners normally have to face the problems of meaning of one language only. Under a bilingual (or multi-lingual) legal system, with the addition of one (or more) language(s), they have to face, at least, one more problems i.e. translatability, which will complicate the job of legal interpretation. In Hong Kong, because legal bilingualism is practised, both the Chinese and the English language texts are equally authentic. Neither text shall prevail over the other. If discrepancies in meaning exist between the two language texts, reconciliation has to be found. The problems of translatability will not only aggravate the already-existing problems of legal interpretation, but also create more. Two approaches: the dictionary and prototype theory have been employed to see if they can, or cannot, help to deal with the problems of meaning in law. The dictionary and prototype theory have been selected because the former serves the purpose of defining meanings; the latter is concerned with classification. Seven court cases have been selected as the testing grounds for the contribution of these two means. Six of them took place in Hong Kong and one is from the jurisdiction of the United States. The focal points of discussion of this thesis are (1) how word meanings are interpreted in different legal contexts; (2) what problems of interpretation will be; and (3) whether the dictionary and prototype theory have a role to play in solving problems of legal interpretation. ii DOI: 10.5353/th_b2973969 Subjects: Law - China - Hong Kong - Interpretation and constru

    • Law

The Rule of Law, Justice, and Interpretation


Author: Luc B. Tremblay
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773516731
Category: Law
Page: 337
View: 5159
In The Rule of Law, Justice, and Interpretation Luc Tremblay analyses and refutes the positivist legal theory that prevails in Canadian constitutional practice. Using the techniques of critical theory, hermeneutic interpretation, and analytical jurisprudence he shows that the dominant interpretations of the central legal doctrines of the rule of law and the sovereignty of Parliament are incoherent. The analysis opens the way for the construction of a bold alternative theory of legal discourse and practice based on the concept of the rule of law itself.

    • Law

Interpretation, Law and the Construction of Meaning

Collected Papers on Legal Interpretation in Theory, Adjudication and Political Practice
Author: Anne Wagner,Wouter Werner,Deborah Cao
Publisher: Springer Science & Business Media
ISBN: 1402053207
Category: Law
Page: 219
View: 3780
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.

    • Philosophy

Interpretation of Law in the Age of Enlightenment

From the Rule of the King to the Rule of Law
Author: Yasutomo Morigiwa,Michael Stolleis,Jean-Louis Halperin
Publisher: Springer Science & Business Media
ISBN: 9789400715066
Category: Philosophy
Page: 193
View: 1748
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.

    • Law

Purposive Interpretation in Law


Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400841267
Category: Law
Page: 448
View: 7311
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.

    • Language Arts & Disciplines

The Pragmatic Turn in Law

Inference and Interpretation in Legal Discourse
Author: Janet Giltrow,Dieter Stein
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 150150472X
Category: Language Arts & Disciplines
Page: 384
View: 9818
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.

Economic Approaches to Legal Reasoning and Interpretation


Author: Brian Bix,Frederick W Thomas Professor of Law and Philosophy Brian Bix
Publisher: Edward Elgar Publishing
ISBN: 9781788111638
Category:
Page: 752
View: 7269
This insightful single-volume compilation brings together the most important contemporary work by experts in the economic analysis of legal reasoning and interpretation. The collection explores a wide range of topics in the field, from constitutional to statutory interpretation, precedent and the interpretation of contracts. The articles raise key questions concerning the optimal construction of institutions, the best approach to judicial decision-making, and the best strategies for statutory and contract drafting. Prefaced by an original introduction by the editor, this collection will be valuable to academics interested in legal reasoning, economic analysis and legal philosophy.

Law and Legal Interpretation


Author: Fernando Atria Lemaitre,Neil MacCormick
Publisher: Routledge
ISBN: 9781138715578
Category:
Page: 594
View: 8641
"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603

    • Law

Law and Semiotics


Author: Roberta Kevelson
Publisher: Springer Science & Business Media
ISBN: 1461307716
Category: Law
Page: 382
View: 7199
of those problems in law which we inherit and/or retrieve in order to reconstruct and interpret in the light of legal semiotics, however defined. In addition to three main areas of underlying metaphysical assumptions there are also three main areas of possible editorial focus and these should be mentioned. The three areas of focus are: 1) the state-of-the-art of legal semiotics; 2) the dynamic, intense and exceptionally interactive quality of conference participation, and 3) the content of the papers presented which is the material of this volume. My choice of this triad of focal possibilities is to exclude the last since the papers speak for themselves and need but a brief reportorial caption. I also eliminate the second possible focus as the main focus since the discussion was not taped for editing into this volume and must remain for all those who participated a quality of scholarly meetings to be remembered, savored and hoped for. My main focus is on the "state-of-the-art" of legal semiotics. II At the conclusion of the First Round Table on Law and Semiotics (1987) it was noted that there were no working paradigms, in Kuhn's sense, that thus far emerged but rather that several problematic areas were disclosed which warrant attention. Therefore the first concern of Legal Semiotics should be to address the surface, i. e.

    • Law

Interpretation in International Law


Author: Andrea Bianchi,Daniel Peat,Matthew Windsor
Publisher: Oxford University Press, USA
ISBN: 0198725744
Category: Law
Page: 399
View: 9302
Interpretation in International Law is an innovative volume that foregrounds interpretation as central to the generation of legal meaning in international law. The book encourages international lawyers to reflect creatively on how they interpret international law, and to stimulate further research on interpretation in an innovative vein.