Legislation and Statutory Interpretation

Author: William N. Eskridge,Philip P. Frickey,Elizabeth Garrett

Publisher: N.A

ISBN: 9781599410784

Category: Law

Page: 405

View: 8398

Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. You'll find in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
Posted in Law

New Insights into the Semantics of Legal Concepts and the Legal Dictionary

Author: Martina Bajčić

Publisher: John Benjamins Publishing Company

ISBN: 902726600X

Category: Language Arts & Disciplines

Page: 222

View: 6559

This book focuses on legal concepts from the dual perspective of law and terminology. While legal concepts frame legal knowledge and take center stage in law, the discipline of terminology has traditionally been about concept description. Exploring topics common to both disciplines such as meaning, conceptualization and specialized knowledge transfer, the book gives a state-of-the-art account of legal interpretation, legal translation and legal lexicography with special emphasis on EU law. The special give-and-take of law and terminology is illuminated by real-life legal cases which demystify the ways courts do things with concepts. This original approach to the semantics of legal concepts is then incorporated into the making of a legal dictionary, thus filling a gap in the theory and practice of legal lexicography. With its rich repertoire of examples of legal terms in different languages, the book provides a blend of theory and practice, making it a valuable resource not only for scholars of law, language and lexicography but also for legal translators and students.
Posted in Language Arts & Disciplines

Statutory and Common Law Interpretation

Author: Kent Greenawalt

Publisher: Oxford University Press

ISBN: 0199756147

Category: Law

Page: 391

View: 2016

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.
Posted in Law

The Judiciary, Discrimination Law and Statutory Interpretation

Easy Cases Making Bad Law

Author: Michael Connolly

Publisher: Routledge

ISBN: 0429834799

Category: Law

Page: 261

View: 463

In 1856, the US Supreme Court denied Dred Scott, now free of slavery, his Constitutional rights, solely because he was black. According to the Court, when the Constitution was drafted, some 60 years earlier, its authors would not have intended that ‘a subordinate and inferior class of beings’ qualified as citizens of the United States. Thus, the meaning of language drafted over half a century before was frozen in time. This case, perhaps more than any other, demonstrates that the matter of statutory interpretation is critical, technical, and, sometimes, highly emotive. The case is not a mere nugget from history to indulge our disgust with values of another age, and with it a satisfaction of our progress to today’s higher moral ground. It is the unfortunate case that the senior courts of England continue to produce highly contentious interpretations of our equality and discrimination laws. This book examines these cases from the perspective of statutory interpretation, the judge’s primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved – using conventional methods of interpretation; this would have produced simpler, technically sound judgments. Rather like the case of Dred Scott, these were easy cases producing bad law.
Posted in Law

Precedents, Statutes, and Analysis of Legal Concepts

Interpretation

Author: Scott Brewer

Publisher: Routledge

ISBN: 1135643024

Category: Philosophy

Page: 400

View: 8812

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Posted in Philosophy

Public Choice Concepts and Applications in Law

Author: Maxwell L. Stearns,Todd J. Zywicki

Publisher: West Academic Publishing

ISBN: 9780314177223

Category: Law

Page: 601

View: 3948

"Public Choice Concepts and Applications in Law is a terrific introductory book for law students and a valuable analytic resource for professors, whether veterans or newcomers to the field. Stearns and Zywicki break down the subject into freestanding components, allowing the reader to think about courts, legislatures, voters, and agencies in ways unimagined by anyone unfamiliar with the basic tools of public choice. Cases, articles, and classic insights are brought together in a way that truly makes this a volume about the application of public choice tools to legal doctrines. There is nothing like it." --Saul Levmore, William B. Graham Professor of Law, University of Chicago
Posted in Law

Understanding Legislation

A Practical Guide to Statutory Interpretation

Author: David Lowe,Charlie Potter

Publisher: Bloomsbury Publishing

ISBN: 1782254323

Category: Law

Page: 164

View: 6612

"[This book] will be of great value to practitioners, students, academics and judges - whatever their level of experience. […] The trouble for many legal practitioners, and indeed for many legal book writers, can be a failure to see the wood for the trees, and that is a particular risk when it comes to a subject as fissiparous as statutory interpretation. David Lowe and Charlie Potter are to be congratulated for having avoided that risk: they have written a crisp and engaging book, which covers this important topic in an informative and accessible way…†? From the foreword by David Neuberger Understanding Legislation provides a practical, accessible guide to interpreting both English and European legislation of all kinds. This book can be used as a first port of call for practitioners and students on all matters of statutory construction. It is designed to serve as a succinct and authoritative point of reference for questions concerning sources of legislation, the anatomy and structure of differing instruments and matters of interpretation. As well as considering how to read statutory language, and the key principles and presumptions that the courts will apply, the book addresses how other legislation and materials can influence the interpretive exercise and in what way. To this end, it discusses the interpretive significance of the different components of legislation, the various external aids to construction that may exist, and the role of international law, the European Convention on Human Rights (through the Human Rights Act 1998) and EU law in interpreting domestic law. While the primary focus is on English law, the treatment of EU and international law will also serve as concise freestanding guidance as to the sources of EU law, the construction of EU legislation and the construction of treaties.
Posted in Law

Modern Administrative Law in Australia

Concepts and Context

Author: Matthew Groves

Publisher: Cambridge University Press

ISBN: 1107692199

Category: Law

Page: 432

View: 6001

Modern Administrative Law provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. The contributors - including highly respected academics from 11 Australian law schools,as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.
Posted in Law

Gerechtigkeit für Igel

Author: Ronald Dworkin

Publisher: Suhrkamp Verlag

ISBN: 3518780204

Category: Philosophy

Page: 813

View: 5091

»Der Fuchs weiß viele Dinge, aber der Igel weiß eine große Sache.« Der griechische Dichter Archilochos hat diesen Satz formuliert, Isaiah Berlin hat ihn mit seinem Tolstoi-Essay berühmt gemacht. Aber was ist diese »eine große Sache«? Ronald Dworkin liefert eine Antwort: Es sind Werte in all ihren Erscheinungsformen. Wenn wir verstehen wollen, was Wahrheit und Schönheit sind, was dem Leben Sinn verleiht, was die Moral fordert und die Gerechtigkeit verlangt, so müssen wir der Spur jener moralischen Einstellungen nachgehen, die menschliches Denken, Fühlen und Handeln durchdringen und zu einer Einheit formen. »Gerechtigkeit für Igel« ist eines jener Bücher, wie es sie in Zeiten der Füchse – der Spezialisten und Skeptiker – immer seltener gibt: eines, das aus einem einzigen Prinzip eine ganze Welt erklären und zugleich Orientierung geben möchte.
Posted in Philosophy

Legislative law and statutory interpretation

cases and materials

Author: Otto J. Hetzel,Michael E. Libonati,Robert Forrest Williams

Publisher: LexisNexis/Matthew Bender

ISBN: N.A

Category: Law

Page: 729

View: 5050

Posted in Law

Der Zweck im Recht

Author: Rudolf von Jhering

Publisher: N.A

ISBN: N.A

Category: Law

Page: 557

View: 9279

Posted in 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: 7944

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.
Posted in Law

Statutory interpretation and the uses of legislative history

hearing before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session, April 19, 1990

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice

Publisher: N.A

ISBN: N.A

Category: Law

Page: 531

View: 989

Posted in Law

Federal legislative histories

an annotated bibliography and index to officially published sources

Author: Bernard D. Reams

Publisher: Greenwood Pub Group

ISBN: N.A

Category: Law

Page: 595

View: 7378

The use of legislative history materials is an essential step in American legal research and statutory interpretation. Legislative histories look at the legislative purpose and intent of Congress where the language of the statute is vague, unclear, or lacks specifics. The judiciary, legal scholars, the legal profession, and the creators of government policy turn to the various documents drafted during the law-making process to clarify areas of confusion or ambiguity. Precise and thorough research in the United States statutes and codes depends on having access to the materials that make up the pre-enactment history. For years, the U.S. Government Printing Office, Federal Administrative Agencies, and Federal Commissions have randomly collected, organized, excerpted, and indexed the various documents that explain the history and intent of a statute. This compilation identifies those officially created sources and provides an important access point to the legal researcher and those interested in the policy behind the nation's laws. This first annotated bibliography dealing with United States Federal legislative history covers Congressional, executive agency, and special commission sources from 1862 through 1990. The 257 entries provide information about the scope and content of the documents, the locations, the titles and popular names of the bills and laws, the publication dates, the author, the LC card number, the OCLC number, the SUDoc number, the CIS number, the UPA citation, and other information about relevant bills.
Posted in Law

Using Legislative History in American Statutory Interpretation

Author: Christian E. Mammen

Publisher: N.A

ISBN: N.A

Category: Law

Page: 199

View: 3350

Using Legislative History in American Statutory Interpretation examines the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists. The book separates the utility and usability of legislative history from theories based on legislative intention. Rather than basing an argument for using legislative history on legislative intention, it argues that legislative history conveys a certain degree of expertise and/or provides certain contextual information about the subject matter of the statute. Legislative history may also be authoritative as a matter of judicial precedent; that is, legislative history may be authoritative because judges have said so in published opinions. The book then follows Joseph Raz and argues that the only legislative intentions that may be identified and deemed legally authoritative as a matter of general theory are minimal intentions relating to the enactment of a particular text as a legally authoritative statute within a particular legal system. This approach--justifying the Court's discretionary use of legislative history without reference to legislative intention--accounts for and undermines most of the major objections to using legislative history, such as objections based on the theoretical problems surrounding legislative intentions, objections based on the perceived unconstitutionality of relying on legislative history, and objections based on its frequent inutility.
Posted in Law

The Language of Law

Author: Andrei Marmor

Publisher: OUP Oxford

ISBN: 0191023957

Category: Law

Page: 200

View: 5848

The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.
Posted in Law

Statutes and statutory construction

Author: Norman J. Singer,J. D. Shambie Singer

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 6991

Posted in Law

Ueber Verbrechen und Strafen

Author: Cesare Beccaria,J. Glaser

Publisher: Рипол Классик

ISBN: 5883753272

Category: History

Page: N.A

View: 3009

Posted in History

Modern Statutory Interpretation

Problems, Theories, and Lawyering Strategies

Author: Linda D. Jellum,David Charles Hricik

Publisher: N.A

ISBN: N.A

Category: Law

Page: 438

View: 4377

This casebook is designed to teach statutory interpretation as a lawyering process. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text for meaning. The book then addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of uniform statutes. Within each chapter, subjects are introduced with concise summaries of core concepts. After that introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus before class the students thoughts and understanding of the case and the concepts it raises, including the broader implications. Finally, problems are included for key subjects to ensure that the students learn statutory interpretation skills. Each problem lends itself to at least two arguments (and usually more) and relies upon and requires further inquiry into the concepts in the chapter.
Posted in Law

Making the Law Explicit

The Normativity of Legal Argumentation

Author: Matthias Klatt

Publisher: Bloomsbury Publishing

ISBN: 1847314562

Category: Law

Page: 256

View: 3685

Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002. 'This book represents, on the one hand, a reception of Robert Brandom's important theory including applications of this theory in the field of legal philosophy and, on the other, an exploration of the limits of an appeal in legal interpretation to the text. The enquiry thereby impinges upon the central juridico-philosophical themes of meaning, objectivity, and normativity. The author's work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership.' Robert Alexy, Professor for Public Law and Legal Philosophy, Kiel. 'Klatt focuses on a very profound theory of concept formation and uses this theory in a creative way to solve classical problems of legal argumentation.' Aleksander Peczenik
Posted in Law