Legislation And Statutory Interpretation Concepts And Insights

Download Legislation And Statutory Interpretation Concepts And Insights ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to Legislation And Statutory Interpretation Concepts And Insights book pdf for free now.

Legislation And Statutory Interpretation

Author : William N. Eskridge (Jr.)
ISBN : STANFORD:36105114408326
Genre : Law
File Size : 33.29 MB
Format : PDF, Docs
Download : 610
Read : 1220

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. It contains 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.
Category: Law

New Insights Into The Semantics Of Legal Concepts And The Legal Dictionary

Author : Martina Bajčić
ISBN : 9789027266002
Genre : Language Arts & Disciplines
File Size : 70.3 MB
Format : PDF
Download : 881
Read : 276

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.
Category: Language Arts & Disciplines

The Judiciary Discrimination Law And Statutory Interpretation

Author : Michael Connolly
ISBN : 9780429834790
Genre : Law
File Size : 85.11 MB
Format : PDF, ePub
Download : 357
Read : 941

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.
Category: Law

Law And Interpretation

Author : Andrei Marmor
ISBN : STANFORD:36105060559171
Genre : Law
File Size : 78.74 MB
Format : PDF
Download : 469
Read : 1249

Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, its objectivity, the possible determinacy of legal standards, and their nature. Concluding with a series of articles on the role of legislative intent in the interpretation of statutes, this work offers new and refreshing insights into this old controversy.
Category: Law

Interpreting Law And Literature

Author : Sanford Levinson
ISBN : 0810107937
Genre : Law
File Size : 44.32 MB
Format : PDF, Kindle
Download : 116
Read : 926

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."
Category: Law

Landmark Cases In Revenue Law

Author : John Snape
ISBN : 9781509912278
Genre : Law
File Size : 63.40 MB
Format : PDF, Docs
Download : 177
Read : 633

In an important addition to the series, this book tells the story of 20 leading revenue law cases. It goes well beyond technical analysis to explore questions of philosophical depth, historical context and constitutional significance. The editors have assembled a stellar team of tax scholars, including historians as well as lawyers, practitioners as well as academics, to provide a wide range of fresh perspectives on familiar and unfamiliar decisions. The whole collection is prefaced by the editors' extended introduction on the peculiar significance of case-law in revenue matters. This publication is a thought provoking and engaging showcase of tax writing that is accessible equally to specialists and non-specialists.
Category: Law

Same Sex Couples Comparative Insights On Marriage And Cohabitation

Author : Macarena Sáez
ISBN : 9789401797740
Genre : Law
File Size : 83.60 MB
Format : PDF, ePub
Download : 701
Read : 863

This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.
Category: Law

Objectivity In Law

Author : Nicos Stavropoulos
ISBN : 0198258992
Genre : Law
File Size : 41.26 MB
Format : PDF, Kindle
Download : 171
Read : 202

This treatise addresses a central topic in contemporary jurisprudence, namely whether it is possible for legal interpretations to be objective. The author claims that objectivity is possible in law, offering arguments based on metaphysics, philosophy and meta-ethics to reinforce his theory.
Category: Law

National Identity In Eu Law

Author : Elke Cloots
ISBN : 9780191053504
Genre : Law
File Size : 62.3 MB
Format : PDF, ePub, Docs
Download : 514
Read : 939

Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.
Category: Law

The Language Of Law

Author : Andrei Marmor
ISBN : 9780191023958
Genre : Law
File Size : 48.64 MB
Format : PDF, Mobi
Download : 576
Read : 710

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.
Category: Law

Interpreting Statutes

Author : Suzanne Corcoran
ISBN : 1862875561
Genre : Constitutional law
File Size : 36.10 MB
Format : PDF, ePub, Mobi
Download : 484
Read : 1195

Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
Category: Constitutional law

Public Choice Concepts And Applications In Law

Author : Maxwell L. Stearns
ISBN : STANFORD:36105134481816
Genre : Law
File Size : 27.41 MB
Format : PDF, ePub
Download : 489
Read : 937

Stearns and Zywicki's Public Choice Concepts and Applications in Law is the only course book specifically designed to instruct law students in the discipline of public choice. The book provides a comprehensive but nontechnical overview of interest group theory, social choice theory, game theory, and elementary price theory. It ties these concepts to a wide range of topics in both public and private law. The book contains chapters devoted to each set of methodological tools and specific institutional settings: legislatures, courts, executive branch and bureaus, and constitutions.
Category: Law

Interpretation Law And The Construction Of Meaning

Author : Anne Wagner
ISBN : 9781402053207
Genre : Law
File Size : 70.85 MB
Format : PDF
Download : 155
Read : 360

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.
Category: Law

French Law

Author : Eva Steiner
ISBN : 9780198790884
Genre : Law
File Size : 43.47 MB
Format : PDF, ePub, Mobi
Download : 923
Read : 261

The second edition of French Law: A Comparative Approach provides an authoritative, comprehensive, and up to date account of the French legal system and its internal workings. It sets out the institutional frameworks, substantive law, and methodologies that underpin the system, and provides expert insight into the civil law way of thinking and an explanation of how law is made and enforced in France. It offers detailed case studies of how French law is shaped in practice in key areas, including commentary on landmark cases that have shaped modern French law. Illuminating and insightful comparisons to other legal jurisdictions are made throughout, helping readers appreciate the distinguishing features and unique nature of the French legal landscape.
Category: Law

Individual Criminal Responsibility In International Law

Author : Elies van Sliedregt
ISBN : 9780191627750
Genre : Law
File Size : 89.76 MB
Format : PDF, Kindle
Download : 627
Read : 417

This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.
Category: Law

Making The Law Explicit

Author : Matthias Klatt
ISBN : 9781847314567
Genre : Law
File Size : 37.54 MB
Format : PDF, ePub
Download : 172
Read : 878

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
Category: Law

Meaning And Power In The Language Of Law

Author : Janny H. C. Leung
ISBN : 9781107112841
Genre : Language Arts & Disciplines
File Size : 61.48 MB
Format : PDF, ePub, Docs
Download : 233
Read : 981

A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.
Category: Language Arts & Disciplines

Max Weber S Insights And Errors

Author : Stanislav Andreski
ISBN : 9781135657840
Genre : Reference
File Size : 38.12 MB
Format : PDF, ePub, Docs
Download : 673
Read : 1051

Max Weber (1864-1920) is generally recognised as one of the founding fathers of modern sociology. His ideas continue to be discussed by sociologists and historians and much homage is paid to his contribution to knowledge. However, such is the awe which the breadth of his knowledge inspires that most general books about Weber contain summaries rather than criticism. This book is the first attempt to evaluate Weber's entire work in the light of historical knowledge available today and of contemporary analytic philosophy. Professor Andreski shows where Weber's true greatness lies, which of Weber's ideas are still valid, which need either correction or modification and which merit rejection. Andreski places Weber in his social and cultural context of the intellectual preeminence of German culture in the second half of the nineteenth century. He examines Weber's most famous theses on objectivity, methodological individualism, ethical neutrality; explanation versus understanding; ideal types; rationalisation; bureaucracy, charisma, power, law and religion; as well as the explanation of the rise of capitalism and uniqueness of Western civilization. Andreski concludes by considering what contemporary scholars should learn from Weber if they want to advance further. He argues that the most important lesson is that comparative study of history (including recent history) is the only method of giving empirical support to an examination of large-scale social processes or a general proposition about them. This book was first published in 1984.
Category: Reference