Between Authority And Interpretation

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Between Authority and Interpretation

Author : Joseph Raz
Publisher : OUP Oxford
ISBN 13 : 0191580341
Total Pages : 432 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Between Authority and Interpretation by : Joseph Raz

Download or read book Between Authority and Interpretation written by Joseph Raz and published by OUP Oxford. This book was released on 2009-02-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Statutory and Common Law Interpretation

Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0199756147
Total Pages : 402 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Statutory and Common Law Interpretation by : Kent Greenawalt

Download or read book Statutory and Common Law Interpretation written by Kent Greenawalt and published by Oxford University Press. This book was released on 2013 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Domestic Courts and the Interpretation of International Law

Author : Odile Ammann
Publisher : BRILL
ISBN 13 : 9004409874
Total Pages : 401 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Domestic Courts and the Interpretation of International Law by : Odile Ammann

Download or read book Domestic Courts and the Interpretation of International Law written by Odile Ammann and published by BRILL. This book was released on 2019-11-11 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.

Interpretation in International Law

Author : Andrea Bianchi
Publisher : OUP Oxford
ISBN 13 : 0191038695
Total Pages : 380 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Interpretation in International Law by : Andrea Bianchi

Download or read book Interpretation in International Law written by Andrea Bianchi and published by OUP Oxford. This book was released on 2015-02-26 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Legal Interpretation: Perspectives from Other Disciplines and Private Texts

Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0199842434
Total Pages : 368 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Legal Interpretation: Perspectives from Other Disciplines and Private Texts by : Kent Greenawalt

Download or read book Legal Interpretation: Perspectives from Other Disciplines and Private Texts written by Kent Greenawalt and published by Oxford University Press. This book was released on 2010-10-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalts meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.

Modern Statutory Interpretation

Author : Jeffrey Barnes
Publisher : Cambridge University Press
ISBN 13 : 1108816029
Total Pages : 817 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Modern Statutory Interpretation by : Jeffrey Barnes

Download or read book Modern Statutory Interpretation written by Jeffrey Barnes and published by Cambridge University Press. This book was released on 2023-01-10 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.

A Matter of Interpretation

Author : Elizabeth Mac Donald
Publisher :
ISBN 13 : 9781912054725
Total Pages : 400 pages
Book Rating : 4.0/5 (547 download)

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Book Synopsis A Matter of Interpretation by : Elizabeth Mac Donald

Download or read book A Matter of Interpretation written by Elizabeth Mac Donald and published by . This book was released on 2021-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.

Reading Law

Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314275554
Total Pages : 0 pages
Book Rating : 4.2/5 (755 download)

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Book Synopsis Reading Law by : Antonin Scalia

Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutionally Conforming Interpretation – Comparative Perspectives

Author : Matthias Klatt
Publisher : Bloomsbury Publishing
ISBN 13 : 150995385X
Total Pages : 463 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutionally Conforming Interpretation – Comparative Perspectives by : Matthias Klatt

Download or read book Constitutionally Conforming Interpretation – Comparative Perspectives written by Matthias Klatt and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.

Torah

Author : William M. Schniedewind
Publisher : SBL Press
ISBN 13 : 1628375043
Total Pages : 570 pages
Book Rating : 4.6/5 (283 download)

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Book Synopsis Torah by : William M. Schniedewind

Download or read book Torah written by William M. Schniedewind and published by SBL Press. This book was released on 2022-03-11 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume explores the ever-evolving understandings and diverse manifestations of the Hebrew notion of torah in early Jewish and Christian literature and the different roles torah played within those communities, whether in Judea or in the Hellenistic and early Roman diaspora. This collection of essays is purposefully wide-ranging, with contributors exploring and rethinking some of the most basic scholarly assumptions and preconceptions about the nature of torah in light of new critical approaches and methodologies with the goal of seeing how different vantage points and different conclusions can better address the complexity of the topic and better reflect the ambiguity and fluidity inherent in the concept of torah itself. Contributors include Gabriele Boccaccini, Francis Borchardt, Calum Carmichael, Federico Dal Bo, Lutz Doering, Oliver Dyma, Paula Fredriksen, Robert G. Hall, Magnar Kartveit, Anne Kreps, David Lambert, Michael Legaspi, Jason A. Myers, Juan Carlos Ossandón Widow, Anders Klostergaard Petersen, Patrick Pouchelle, Jeremy Punt, Michael L. Satlow, Joachim Schaper, William Schniedewind, Elisa Uusimäki, Jacqueline Vayntrub, Jonathan Vroom, James W. Watts, Benjamin G. Wright III, and Jason M. Zurawski.

Power and Responsibility in Biblical Interpretation

Author : Alissa Jones Nelson
Publisher : Routledge
ISBN 13 : 1317544021
Total Pages : 272 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Power and Responsibility in Biblical Interpretation by : Alissa Jones Nelson

Download or read book Power and Responsibility in Biblical Interpretation written by Alissa Jones Nelson and published by Routledge. This book was released on 2014-10-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Power and Responsibility in Biblical Interpretation' addresses the interpretive challenges now facing much biblical interpretation. Incorporating the methodologies of poststructuralism, postcolonialism, and liberation theology, the study presents a possible methodology which integrates scholarly and vernacular hermeneutics. The approach is based on the theories of Edward Said, adapting his concept of contrapuntal reading to the interpretation of 'Job'. The book sets this study in the broader context of a survey of current work in the field. The analysis of 'Job' examines the possibilities for dialogue between those interpretations that view suffering as a key theme in the book and those that do not. Interpretations of the 'Book of Job' are then compared to the psychology of suffering as experienced in various contexts today. The conclusion argues for pedagogical reform based upon the ethical and interpretive insights of contrapuntal hermeneutics.

New Testament Interpretation

Author : I. Howard Marshall
Publisher : Wipf and Stock Publishers
ISBN 13 : 1597526967
Total Pages : 407 pages
Book Rating : 4.5/5 (975 download)

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Book Synopsis New Testament Interpretation by : I. Howard Marshall

Download or read book New Testament Interpretation written by I. Howard Marshall and published by Wipf and Stock Publishers. This book was released on 2006-10-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: These eighteen pieces have been commissioned to provide a succinct yet comprehensive guide to the best of recent evangelical thinking about how the New Testament is to be interpreted, so that it may speak most clearly to today's world. The need for such a handbook can be felt more keenly as on the one side a secularized world dismisses the biblical faith as outmoded, unworkable, and unsatisfying; and, on the other, numerous Christian communities, committed to taking that faith with ultimate seriousness, are driven by controversies about how to read and understand the Bible. Following the editor's introduction, in which I. Howard Marshall examines a familiar New Testament passage in order to exemplify the problems and rewards that await the careful interpreter, the essays are arranged under four headings, beginning with overviews of the history of New Testament study and the role of the interpreter's presuppositions in this enterprise; then going on to discuss the various critical tools, the methods of exegesis, and the application of the New Testament to the faith and life of the contemporary reader. An annotated bibliography concludes the presentation. Because the issues involved here have too often been ignored in many quarters, more than one approach to or opinion about a given matter may surface in these essays; yet, undergirding this diversity is the author's shared conviction, as conservative evangelicals with a high regard for the authority of Holy Scripture, that we are called upon to study the Bible with the full use of our minds. As the editor writes, The passages which we interpret must be the means through which God speaks to men and women today. Our belief in the inspiration of the Bible is thus a testimony that New Testament exegesis is not just a problem; it is a real possibility. God can and does speak to men through even the most ignorant of expositors of his Word. At the same time he calls us on to devote ourselves to his Word and use every resource to make its message the more clear.

Marxism and the Interpretation of Culture

Author : Cary Nelson
Publisher : University of Illinois Press
ISBN 13 : 9780252014017
Total Pages : 756 pages
Book Rating : 4.0/5 (14 download)

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Book Synopsis Marxism and the Interpretation of Culture by : Cary Nelson

Download or read book Marxism and the Interpretation of Culture written by Cary Nelson and published by University of Illinois Press. This book was released on 1988 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a picture of the state of Marxist thinking. It aims to provoke a debate that will be of interest to those concerned with the status and development of Marxism and also to theorists in all fields of the human sciences.

Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning

Author : Villa-Rosas, Gonzalo
Publisher : Edward Elgar Publishing
ISBN 13 : 180392263X
Total Pages : 313 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning by : Villa-Rosas, Gonzalo

Download or read book Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning written by Villa-Rosas, Gonzalo and published by Edward Elgar Publishing. This book was released on 2022-10-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.

Kafka's Ethics of Interpretation

Author : Jennifer L. Geddes
Publisher : Northwestern University Press
ISBN 13 : 0810132915
Total Pages : 176 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Kafka's Ethics of Interpretation by : Jennifer L. Geddes

Download or read book Kafka's Ethics of Interpretation written by Jennifer L. Geddes and published by Northwestern University Press. This book was released on 2016-04-30 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kafka's Ethics of Interpretation refutes the oft-repeated claim, made by Kafka's greatest interpreters, including Walter Benjamin and Harold Bloom, that Kafka sought to evade interpretation of his writings. Jennifer L. Geddes shows that this claim about Kafka's deliberate uninterpretability is not only wrong, it also misconstrues a central concern of his work. Kafka was not trying to avoid or prevent interpretation; rather, his works are centrally concerned with it. Geddes explores the interpretation that takes place within, and in response to, Kafka's writings, and pairs Kafka's works with readings of Sigmund Freud, Pierre Bourdieu, Tzvetan Todorov, Emmanuel Levinas, and others. She argues that Kafka explores interpretation as a mode of power and violence, but also as a mode of engagement with the world and others. Kafka, she argues, challenges us to rethink the ways we read texts, engage others, and navigate the world through our interpretations of them.

Legal Interpretation and Scientific Knowledge

Author : David Duarte
Publisher : Springer Nature
ISBN 13 : 3030186717
Total Pages : 251 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Legal Interpretation and Scientific Knowledge by : David Duarte

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Dynamic Statutory Interpretation

Author : William N. Eskridge
Publisher : Harvard University Press
ISBN 13 : 9780674218789
Total Pages : 460 pages
Book Rating : 4.2/5 (187 download)

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Book Synopsis Dynamic Statutory Interpretation by : William N. Eskridge

Download or read book Dynamic Statutory Interpretation written by William N. Eskridge and published by Harvard University Press. This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.