Law Interpretation And Reality

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Law, Interpretation and Reality

Author : P.J. Nerhot
Publisher : Springer Science & Business Media
ISBN 13 : 9401578753
Total Pages : 457 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Law, Interpretation and Reality by : P.J. Nerhot

Download or read book Law, Interpretation and Reality written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.

Judging Statutes

Author : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 256 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Judging Statutes by : Robert A. Katzmann

Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Interpretation of Law in the Age of Enlightenment

Author : Yasutomo Morigiwa
Publisher : Springer Science & Business Media
ISBN 13 : 9400715064
Total Pages : 193 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Interpretation of Law in the Age of Enlightenment by : Yasutomo Morigiwa

Download or read book Interpretation of Law in the Age of Enlightenment written by Yasutomo Morigiwa and published by Springer Science & Business Media. This book was released on 2011-06-29 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.

Theory and Reality in Public International Law

Author : Charles De Visscher
Publisher : Princeton University Press
ISBN 13 : 1400875021
Total Pages : 398 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Theory and Reality in Public International Law by : Charles De Visscher

Download or read book Theory and Reality in Public International Law written by Charles De Visscher and published by Princeton University Press. This book was released on 2015-12-08 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Law’s Reality

Author : Allan Beever
Publisher : Edward Elgar Publishing
ISBN 13 : 1800374151
Total Pages : 352 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Law’s Reality by : Allan Beever

Download or read book Law’s Reality written by Allan Beever and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.

Constitutional Interpretation

Author : Jeffrey M. Shaman
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313000972
Total Pages : 286 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Constitutional Interpretation by : Jeffrey M. Shaman

Download or read book Constitutional Interpretation written by Jeffrey M. Shaman and published by Bloomsbury Publishing USA. This book was released on 2000-11-30 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts. Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.

Modern Legal Interpretation

Author : Marko Novak
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527527042
Total Pages : 203 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Modern Legal Interpretation by : Marko Novak

Download or read book Modern Legal Interpretation written by Marko Novak and published by Cambridge Scholars Publishing. This book was released on 2019-01-24 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.

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.

Contract Interpretation in Investment Treaty Arbitration

Author : Yuliya Chernykh
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh

Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Treaty Interpretation

Author : Edward Slavko Yambrusic
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Treaty Interpretation by : Edward Slavko Yambrusic

Download or read book Treaty Interpretation written by Edward Slavko Yambrusic and published by . This book was released on 1987 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Freedom from Reality

Author : D. C. Schindler
Publisher :
ISBN 13 : 9780268102623
Total Pages : 0 pages
Book Rating : 4.1/5 (26 download)

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Book Synopsis Freedom from Reality by : D. C. Schindler

Download or read book Freedom from Reality written by D. C. Schindler and published by . This book was released on 2019-08-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critique of the deceptive and ultimately self-subverting character of the modern notion of freedom, retrieving an alternative view through a new interpretation of the ancient tradition.

Interpretation, Law and the Construction of Meaning

Author : Anne Wagner
Publisher : Springer Science & Business Media
ISBN 13 : 1402053207
Total Pages : 225 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Interpretation, Law and the Construction of Meaning by : Anne Wagner

Download or read book Interpretation, Law and the Construction of Meaning written by Anne Wagner and published by Springer Science & Business Media. This book was released on 2007-05-16 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reconstructing Reality in the Courtroom

Author : W. Lance Bennett
Publisher : Quid Pro Books
ISBN 13 : 1610272307
Total Pages : 194 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Reconstructing Reality in the Courtroom by : W. Lance Bennett

Download or read book Reconstructing Reality in the Courtroom written by W. Lance Bennett and published by Quid Pro Books. This book was released on 2014-03-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing Reality in the Courtroom explains what makes stories believable and how ordinary people connect complex legal arguments and evidence presented in trials to assess guilt and innocence. The explanation takes the core elements of narrative—the who, what, where, when, how, why—and shows how average people who hear hundreds of stories every day use the connections between these elements to assess credibility. A series of simple experiments outside the courtroom provides evidence for the explanation, showing that there is little relationship between the actual truth of a story and the degree to which the story is believed to be true by an audience of random listeners not familiar with the teller. So, how do jurors make a particular legal judgment? Based on courtroom observation, trial transcripts, and credibility experiments, Bennett and Feldman create a method of diagramming stories that shows exactly what makes some stories more believable than others. Prosecutors and defense attorneys can use this method of analyzing stories to weigh the strategies and tactics available to them; scholars can use it to assess the process of legal judgment. Now in its Second Edition, this much-cited resource adds a new preface by the authors, as well as new forewords from divergent perspectives. From his experience in law practice, William S. Bailey notes that the book offers “timeless insights” as its authors “adapt a broad structural framework of storytelling to the criminal trial context, making it come alive in the dynamic real world courtroom environment.” Law-and-society scholar Anna-Maria Marshall writes that the book's “emphasis on storytelling will resonate with scholars studying legal consciousness, where narrative plays an important theoretical and methodological role.... This new edition will be a welcome addition to the Law and Society community.” "Reconstructing Reality in the Courtroom is as timely as it was when this classic was first published. Here Bennett and Feldman provide great insight into the importance of storytelling as a basis of justice in American criminal trials. It deserves very wide readership." — Elizabeth F. Loftus Distinguished Professor, University of California, Irvine Author, "Eyewitness Testimony" (1996) "This classic law and society study on the power of legal stories is a rich and compelling empirical analysis of the dynamics of story construction in trials. The book remains an essential resource for law students, litigators, academics, and any others who wish to understand the interpretive significance of the stories told in the courtroom." — Jeannine Bell Professor of Law and Neizer Faculty Fellow, Indiana University Maurer School of Law — Bloomington Author, "Hate Thy Neighbor" (2013) Part of the Classics of Law & Society Series from Quid Pro Books.

Judicial Methods of Interpretation of the Law

Author : Julio C. Cueto-Rua
Publisher : Publications Institute Paul M. Hebert Law Center Louisiana S
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judicial Methods of Interpretation of the Law by : Julio C. Cueto-Rua

Download or read book Judicial Methods of Interpretation of the Law written by Julio C. Cueto-Rua and published by Publications Institute Paul M. Hebert Law Center Louisiana S. This book was released on 1981 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Evolutionary Interpretation and International Law

Author : Georges Abi-Saab
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929908
Total Pages : 391 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evolutionary Interpretation and International Law by : Georges Abi-Saab

Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

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.

Philosophy of Law: A Very Short Introduction

Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510645
Total Pages : 152 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks

Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.