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Author : Felix Frankfurter
Publisher :
ISBN 13 :
Total Pages : 29 pages
Book Rating : 4.:/5 (25 download)
Download or read book Some Reflections on the Reading of Statutes written by Felix Frankfurter and published by . This book was released on 1989 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Felix Frankfurter
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)
Download or read book Some Reflections on the Reading of Statutes written by Felix Frankfurter and published by . This book was released on 1947 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Suzanne Corcoran
Publisher : Federation Press
ISBN 13 : 9781862875562
Total Pages : 358 pages
Book Rating : 4.8/5 (755 download)
Download or read book Interpreting Statutes written by Suzanne Corcoran and published by Federation Press. This book was released on 2005 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Anthony J. Bellia Jr.
Publisher : Aspen Publishing
ISBN 13 : 1454887699
Total Pages : 765 pages
Book Rating : 4.4/5 (548 download)
Download or read book Federalism written by Anthony J. Bellia Jr. and published by Aspen Publishing. This book was released on 2017-01-10 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism
Author : Various
Publisher : Routledge
ISBN 13 : 1000518469
Total Pages : 4814 pages
Book Rating : 4.0/5 (5 download)
Download or read book Routledge Library Editions: Logic written by Various and published by Routledge. This book was released on 2021-09-30 with total page 4814 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reissuing works originally published between 1931 and 1990, this set of twenty-four books covers the full range of the philosophy of logic, from introductions to logic, to calculus and mathematical logic, to logic in language and linguistics and logical reasoning in law and ethics. An international array of authors are represented in this comprehensive collection.
Author : Gidon Gottlieb
Publisher : Routledge
ISBN 13 : 1000735540
Total Pages : 231 pages
Book Rating : 4.0/5 (7 download)
Download or read book The Logic of Choice written by Gidon Gottlieb and published by Routledge. This book was released on 2019-10-30 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.
Author : Curtis A. Bradley
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 884 pages
Book Rating : 4.8/5 (861 download)
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishing. This book was released on 2024 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--
Author : Ijaiya, Hakeem Olasunkanmi
Publisher : Malthouse Press
ISBN 13 : 9789584466
Total Pages : 219 pages
Book Rating : 4.7/5 (895 download)
Download or read book Judicial Approach to Interpretation of Constitution written by Ijaiya, Hakeem Olasunkanmi and published by Malthouse Press. This book was released on 2017-05-05 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.
Author : William D. Popkin
Publisher : Duke University Press
ISBN 13 : 9780822323280
Total Pages : 368 pages
Book Rating : 4.3/5 (232 download)
Download or read book Statutes in Court written by William D. Popkin and published by Duke University Press. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Author : Administrative Conference of the United States. Office of the Chairman
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 (121 download)
Download or read book Drafting Federal Grant Statutes written by Administrative Conference of the United States. Office of the Chairman and published by . This book was released on 1990 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : The Capitol Net Inc
ISBN 13 : 1587332132
Total Pages : 319 pages
Book Rating : 4.5/5 (873 download)
Download or read book Statutory Construction and Interpretation written by and published by The Capitol Net Inc. This book was released on 2010-06-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.
Author : Einer Elhauge
Publisher : Harvard University Press
ISBN 13 : 9780674033672
Total Pages : 406 pages
Book Rating : 4.0/5 (336 download)
Download or read book Statutory Default Rules written by Einer Elhauge and published by Harvard University Press. This book was released on 2008-02-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Author : Morris Raphael Cohen
Publisher : Beard Books
ISBN 13 : 1587981440
Total Pages : 550 pages
Book Rating : 4.5/5 (879 download)
Download or read book Readings in Jurisprudence and Legal Philosophy written by Morris Raphael Cohen and published by Beard Books. This book was released on 2002 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 692 pages
Book Rating : 4.3/5 (243 download)
Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 2014 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey Barnes
Publisher : Cambridge University Press
ISBN 13 : 1108816029
Total Pages : 817 pages
Book Rating : 4.1/5 (88 download)
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.
Author : Guido Calabresi
Publisher : Harvard University Press
ISBN 13 : 0674029151
Total Pages : 332 pages
Book Rating : 4.6/5 (74 download)
Download or read book A Common Law for the Age of Statutes written by Guido Calabresi and published by Harvard University Press. This book was released on 2009-07-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher :
ISBN 13 :
Total Pages : 540 pages
Book Rating : 4.0/5 ( download)
Download or read book Statutory Interpretation and the Uses of Legislative History written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice and published by . This book was released on 1990 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
