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Interpreting Law And Literature
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Book Synopsis Interpreting Law and Literature by : Sanford Levinson
Download or read book Interpreting Law and Literature written by Sanford Levinson and published by Northwestern University Press. This book was released on 1988 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
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.
Book Synopsis The Nature of Legal Interpretation by : Brian G. Slocum
Download or read book The Nature of Legal Interpretation written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2017-05-17 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.
Book Synopsis Interpreting Law by : William N. Eskridge (Jr.)
Download or read book Interpreting Law written by William N. Eskridge (Jr.) and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Interpreting Law" is an accessible introduction to statutory and constitutional interpretation by the nation's leading legislation scholar. This concise treatise not only identifies the primary "canons" or precepts that guide interpretation, but demonstrates how they operate and interact, as a matter of both practice and evolving aspiration. Unlike earlier academic treatises, which rummage through a potpourri of often arcane Supreme Court decisions, Professor Eskridge's new book focuses on a statute prohibiting "vehicles" in Lafayette Park, across the street from the White House. Each chapter engages the law student and the experienced practitioner to consider the application of the statute and its statutory and institutional context to a wide and often delightful array of situations. As the preface by Justice John Paul Stevens suggests, the reader will emerge from this book with a deeply enriched understanding of-and excitement about-legal interpretation."
Book Synopsis Doing What Comes Naturally by : Stanley Fish
Download or read book Doing What Comes Naturally written by Stanley Fish and published by Duke University Press. This book was released on 1989 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In literary theory, the philosophy of law, and the sociology of knowledge, no issue has been more central to current debate than the status of our interpretations. Do they rest on a ground of rationality or are they subjective impositions of a merely personal point of view? In Doing What Comes Naturally, Stanley Fish refuses the dilemma posed by this question and argues that while we can never separate our judgments from the contexts in which they are made, those judgments are nevertheless authoritative and even, in the only way that matters, objective. He thus rejects both the demand for an ahistorical foundation, and the conclusion that in the absence of such a foundation we reside in an indeterminate world. In a succession of provocative and wide-ranging chapters, Fish explores the implications of his position for our understanding of legal, literary, and psychoanalytic interpretation, the nature of professional and institutional culture, and the place of reason in a world that is rhetorical through and through."--Publisher description.
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.
Book Synopsis Intention and Interpretation: A Short History by : Ralf Grüttemeier
Download or read book Intention and Interpretation: A Short History written by Ralf Grüttemeier and published by Walter de Gruyter GmbH & Co KG. This book was released on 2022-02-07 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intention plays a complex role in human utterances. The interpretation of literary texts is a strong case in point: for about two hundred years there have been conflicting views about whether, and how much, authorial intention should matter when professional readers interpret literature. These debates grew increasingly fierce during the post-World War II period, the landmarks of which were the notions of intentional fallacy and the death of the author. Seventy-odd years later, there is still no consensus in sight. What has always been neglected in the debates around authorial intention, however, is a reflection on the historical dimension of the debate and how historically bound each of the theoretical positions in the debate were. This book focusses precisely on the historical dimension of authorial intention, providing a systematic historical reconstruction of the importance ascribed to it in literary texts from Classical Greece to the present day, and including a chapter on authorial intention in jurisdiction and legal interpretation from a historical perspective. The book reconstructs a typology of the most important concepts of intention in interpretation for diachronic and synchronic use. At the same time it offers insights from a field-theoretical perspective into how literary studies as a discipline works over time and how notions of intention and interpretation help create forms of literary knowledge.
Book Synopsis Rhetorical Power by : Steven Mailloux
Download or read book Rhetorical Power written by Steven Mailloux and published by Cornell University Press. This book was released on 1989 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and forcefully written book, Steven Mailloux takes issue with the validity of a number of distinctions commonly made in contemporary literary theory and cultural studies--distinctions between theory and history, reader and text, truth and ideology, aesthetics and politics. Mailloux first presents the case for a rhetorical hermeneutics and against foundationalist theories of interpretation. Doing hermeneutic theory, he argues, entails doing rhetorical history. By means of a detailed analysis of reader-response criticism, he highlights the connections between institutional politics and the interpretive rhetoric of academic literary criticism. Mailloux then uses Adventures of Huckleberry Finn as an exemplary text. Relating Mark Twain's rhetoric to the cultural politics of post-Reconstruction debates about racist ideology, he places his reader-oriented interpretation within the rhetorical history of controversies over the meaning and value of Huckleberry Finn. Finally, in a far-ranging study of cultural reception, he juxtaposes the twentieth-century concern about the topic of race in Huckleberry Finn with the nineteenth-century audience's very different concerns about juvenile delinquency and the "bad-boy boom." In the final part of the book, Mailloux restates his critique of foundationalist hermeneutics through readings of Ken Kesey, Michel Foucault, Edward Said, and Richard Rorty, and he concludes by examining the role of rhetoric and theory in a congressional dispute over the Reagan administration's reinterpretation of the Anti-Ballistic Missile Treaty. Rhetorical Power will be welcomed by readers in literary theory and American studies, as well as in such fields as speech communication, the sociology of culture, and social and intellectual history, and by others interested in the politics of persuasion.
Book Synopsis The Language of Statutes by : Lawrence Solan
Download or read book The Language of Statutes written by Lawrence Solan and published by University of Chicago Press. This book was released on 2010-12 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
Book Synopsis Purposive Interpretation in Law by : Aharon Barak
Download or read book Purposive Interpretation in Law written by Aharon Barak and published by Princeton University Press. This book was released on 2011-10-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Interpretive Conventions by : Steven Mailloux
Download or read book Interpretive Conventions written by Steven Mailloux and published by Cornell University Press. This book was released on 2018-03-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Interpretive Conventions, Steven Mailloux provides a general introduction to reader-response criticism while developing his own specific reader-oriented approach to literature. He examines five influential theories of the reading process—those of Stanley Fish, Jonathan Culler, Wolfgang Iser, Norman Holland, and David Bleich. He goes on to argue the need for a more comprehensive reader-response criticism based on a consistent social model of reading. He develops such a reading model and also discusses American textual editing and literary history.
Book Synopsis The Discourse of Court Interpreting by : Sandra Beatriz Hale
Download or read book The Discourse of Court Interpreting written by Sandra Beatriz Hale and published by John Benjamins Publishing. This book was released on 2004-06-24 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intricacies of court interpreting through a thorough analysis of the authentic discourse of the English-speaking participants, the Spanish-speaking witnesses and the interpreters. Written by a practitioner, educator and researcher, the book presents the reader with real issues that most court interpreters face during their work and shows through the results of careful research studies that interpreter’s choices can have varying degrees of influence on the triadic exchange. It aims to raise the practitioners’ awareness of the significance of their choices and attempts to provide a theoretical basis for interpreters to make informed decisions rather than intuitive ones. It also suggests solutions for common problems. The book highlights the complexities of court interpreting and argues for thorough training for practicing interpreters to improve their performance as well as for better understanding of their task from the legal profession. Although the data is drawn from Spanish-English cases, the main results can be extended to any language combination. The book is written in a clear, accessible language and is aimed at practicing interpreters, students and educators of interpreting, linguists and legal professionals.
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.
Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris
Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Book Synopsis A Matter of Interpretation by : Antonin Scalia
Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Literature by : Kieran Dolin
Download or read book Law and Literature written by Kieran Dolin and published by Cambridge University Press. This book was released on 2018-01-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Literature presents an authoritative, fresh and accessible new overview of the many ways in which law and literature interact. Written by a team of international experts, it provides a multi-focused history of literary studies' critical interest in ideas of law and justice. It examines the effects of law on writers and their work, ranging from classical tragedy to comics, and from East Africa to Elizabethan England. Over twenty chapters, contributors reveal the intricate and multivalent historical interactions between law and literature, both past and present, and trace the intellectual genesis of the concept of law in literary studies, focusing on major developments in the history of the interdisciplinary project of law and literature, as well as the changing ideas of law, and the cultural contests in which it has figured. Law and Literature will appeal to graduates and scholars working on the intersection between law and literature and in key related areas such as literature and human rights.
Book Synopsis How to Interpret Literature by : Robert Dale Parker
Download or read book How to Interpret Literature written by Robert Dale Parker and published by Oxford University Press, USA. This book was released on 2020 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Distinguished in the market by its ability to mesh accessibility and intellectual rigor, How to Interpret Literature offers a current, concise, and broad historicist survey of contemporary thinking in critical theory. Ideal for upper-level undergraduate courses in literary and critical theory, this is the only book of its kind that thoroughly merges literary studies with cultural studies, including film. Robert Dale Parker provides a critical look at the major movements in literary studies since the 1930s, including those often omitted from other texts. He includes chapters on New Criticism, Structuralism, Deconstruction, Psychoanalysis, Feminism, Queer Studies, Marxism, Historicism and Cultural Studies, Postcolonial and Race Studies, and Reader Response. Parker weaves connections among chapters, showing how these different ways of thinking respond to and build upon each other. Through these exchanges, he prepares students to join contemporary dialogues in literary and cultural studies. The text is enhanced by charts, text boxes that address frequently asked questions, photos, and a bibliography"--
