The Interpretation and Application of Statutes

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Author :
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 346 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis The Interpretation and Application of Statutes by : Frederick Reed Dickerson

Download or read book The Interpretation and Application of Statutes written by Frederick Reed Dickerson and published by Aspen Publishers. This book was released on 1975 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work discusses the constitutional foundations that govern the relations between the legislature and the courts and the issues of separation of powers with respect to statutes. Concepts of legislative meaning, intent, purpose, and context are described in detail.

Reading Law

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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.

Statutory and Common Law Interpretation

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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.

Judging Statutes

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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.

A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional Law

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3382332094
Total Pages : 766 pages
Book Rating : 4.3/5 (823 download)

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Book Synopsis A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional Law by : Theodore Sedgwick

Download or read book A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional Law written by Theodore Sedgwick and published by BoD – Books on Demand. This book was released on 2023-06-16 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1857. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.

Dynamic Statutory Interpretation

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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.

LEGISLATING STATUTORY INTERPRETATION

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Publisher :
ISBN 13 : 9780779886777
Total Pages : pages
Book Rating : 4.8/5 (867 download)

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Book Synopsis LEGISLATING STATUTORY INTERPRETATION by : CHRISTOPHER. HUNT

Download or read book LEGISLATING STATUTORY INTERPRETATION written by CHRISTOPHER. HUNT and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Purposive Interpretation in Law

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400841267
Total Pages : 444 pages
Book Rating : 4.4/5 (8 download)

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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.

The Theory and Practice of Statutory Interpretation

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Author :
Publisher : Stanford University Press
ISBN 13 : 0804769818
Total Pages : 248 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Theory and Practice of Statutory Interpretation by : Frank B. Cross

Download or read book The Theory and Practice of Statutory Interpretation written by Frank B. Cross and published by Stanford University Press. This book was released on 2008-11-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

Statutory Interpretation

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Publisher : Cambridge University Press
ISBN 13 : 1108429343
Total Pages : 347 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Statutory Interpretation by : Douglas Walton

Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.

Mastering Statutory Interpretation

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Publisher :
ISBN 13 : 9781611634563
Total Pages : 0 pages
Book Rating : 4.6/5 (345 download)

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Book Synopsis Mastering Statutory Interpretation by : Linda D. Jellum

Download or read book Mastering Statutory Interpretation written by Linda D. Jellum and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning.

On the Interpretation of Statutes

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Author :
Publisher :
ISBN 13 :
Total Pages : 500 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis On the Interpretation of Statutes by : Sir Peter Benson Maxwell

Download or read book On the Interpretation of Statutes written by Sir Peter Benson Maxwell and published by . This book was released on 1875 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Language of Statutes

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Publisher : University of Chicago Press
ISBN 13 : 0226767965
Total Pages : 300 pages
Book Rating : 4.2/5 (267 download)

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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.

Interpretation Of Statutes

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Author :
Publisher : Universal Law Publishing
ISBN 13 : 9788175346697
Total Pages : 540 pages
Book Rating : 4.3/5 (466 download)

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Book Synopsis Interpretation Of Statutes by : Kafaltiya A.B.

Download or read book Interpretation Of Statutes written by Kafaltiya A.B. and published by Universal Law Publishing. This book was released on 2008 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Handbook on Statutory Interpretation

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Publisher :
ISBN 13 : 9780433453383
Total Pages : 492 pages
Book Rating : 4.4/5 (533 download)

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Book Synopsis Handbook on Statutory Interpretation by : Stéphane Beaulac

Download or read book Handbook on Statutory Interpretation written by Stéphane Beaulac and published by . This book was released on 2008 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers readers concise and user-friendly tools to help articulate the most powerful arguments to identify the legislative intent found in the statute. It provides: examples and illustrations from across Canada's federal and provincial jurisdictions; detailed analysis of the key judicial decisions and a table of cases that practitioners in particular will find extremely valuable, as well as a reproduction of both the Interpretation Act (Canada) and Interpretation Act (Quebec).

Statutes in Court

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Publisher : Duke University Press
ISBN 13 : 9780822323280
Total Pages : 368 pages
Book Rating : 4.3/5 (232 download)

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Book Synopsis Statutes in Court by : William D. Popkin

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.

A Commentary on the Interpretation of Statutes

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Publisher :
ISBN 13 :
Total Pages : 970 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Commentary on the Interpretation of Statutes by : Gustav Adolf Endlich

Download or read book A Commentary on the Interpretation of Statutes written by Gustav Adolf Endlich and published by . This book was released on 1888 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: