The Nature of Legal Interpretation

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Publisher : University of Chicago Press
ISBN 13 : 022644516X
Total Pages : 299 pages
Book Rating : 4.2/5 (264 download)

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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.

Ordinary Meaning

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Publisher : University of Chicago Press
ISBN 13 : 022630485X
Total Pages : 366 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Ordinary Meaning by : Brian G. Slocum

Download or read book Ordinary Meaning written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2015-12-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian G. Slocum s "Ordinary Meaning "offers an extended legal-linguistic analysis of the eponymous interpretive doctrine. A centuries-old consensus exists among courts and legal scholars that words in legal texts should be interpreted in light of accepted standards of communication. Therefore the questions of what makes some meaning the ordinary one, and how the determinants of ordinary meaning are identified and conceptualized, are of crucial importance to the interpretation of legal texts. Arguing against reliance on acontextual dictionary definitions, "Ordinary Meaning" rigorously explores the contributions that specific context makes to meaning, along with linguistic phenomena such as indexicals and quantifiers. Slocum provides a theory and a robust general framework for how the determinants of ordinary meaning should be identified and developed."

Companion Book for Translators and Interpreters

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781493512911
Total Pages : 0 pages
Book Rating : 4.5/5 (129 download)

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Book Synopsis Companion Book for Translators and Interpreters by : José Luis Leyva

Download or read book Companion Book for Translators and Interpreters written by José Luis Leyva and published by Createspace Independent Publishing Platform. This book was released on 2013-10-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While preparing for an interpretation related to legal matters, or if you are translating a legal document, this book can be a helpful resource. Take it with you as a companion! It will be there for you if needed. It will also be at hand during the interpretation, should you need to quickly look up a term. It contains only the most frequently used legal terminology in English and Spanish.

Legal Interpretation: Perspectives from Other Disciplines and Private Texts

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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.

Purposive Interpretation in Law

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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.

Interpretation, Law and the Construction of Meaning

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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.

Word Meaning and Legal Interpretation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1137016167
Total Pages : 260 pages
Book Rating : 4.1/5 (37 download)

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Book Synopsis Word Meaning and Legal Interpretation by : Christopher Mark Hutton

Download or read book Word Meaning and Legal Interpretation written by Christopher Mark Hutton and published by Bloomsbury Publishing. This book was released on 2017-09-09 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces ideas about word meaning in the context of law. It analyzes cases from common law jurisdictions that concern the meaning, definition and legal status of individual words, labels and categories. The focus is on the question of how law assigns authority over word meaning in different circumstances and in different domains of law.

Interpretation in International Law

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Publisher :
ISBN 13 : 0198725744
Total Pages : 433 pages
Book Rating : 4.1/5 (987 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 . This book was released on 2015 with total page 433 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 Translation and Court Interpreting: Ethical Values, Quality, Competence Training

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Author :
Publisher : Frank & Timme GmbH
ISBN 13 : 3732902951
Total Pages : 398 pages
Book Rating : 4.7/5 (329 download)

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Book Synopsis Legal Translation and Court Interpreting: Ethical Values, Quality, Competence Training by : Annikki Liimatainen

Download or read book Legal Translation and Court Interpreting: Ethical Values, Quality, Competence Training written by Annikki Liimatainen and published by Frank & Timme GmbH. This book was released on 2017-10-24 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary volume offers a systematic analysis of translation and interpreting as a means of guaranteeing equality under the law as well as global perspectives in legal translation and interpreting contexts. It offers insights into new research on • language policies and linguistic rights in multilingual communities • the role of the interpreter • accreditation of legal translators and interpreters • translator and interpreter education in multiple countries and • approaches to terms and tools for legal settings. The authors explore familiar problems with a view to developing new approaches to language justice by learning from researchers, trainers, practitioners and policy makers. By offering multiple methods and perspectives covering diverse contexts (e.g. in Austria, Belgium, England, Estonia, Finland, France, Germany, Hong Kong, Ireland, Norway, Poland), this volume is a welcome contribution to legal translation and interpreting studies scholars and practitioners alike, highlighting settings that have received limited attention, such as the linguistic rights of vulnerable populations, as well as practical solutions to methodological and terminological problems.

The Discourse of Court Interpreting

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Publisher : John Benjamins Publishing
ISBN 13 : 9027295549
Total Pages : 285 pages
Book Rating : 4.0/5 (272 download)

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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.

Court Interpreters Act

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Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Court Interpreters Act by : United States

Download or read book Court Interpreters Act written by United States and published by . This book was released on 1978 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

The Bilingual Courtroom

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Publisher : University of Chicago Press
ISBN 13 : 022632947X
Total Pages : 382 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis The Bilingual Courtroom by : Susan Berk-Seligson

Download or read book The Bilingual Courtroom written by Susan Berk-Seligson and published by University of Chicago Press. This book was released on 2017-05-23 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An essential text” that examines how interpreters can influence a courtroom, updated and expanded to cover contemporary issues in our diversifying society (Criminal Justice). Susan Berk-Seligson’s groundbreaking book presents a systematic study of court interpreters that raises some alarming and vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty. The Bilingual Courtroom draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts, along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony. This second edition includes an updated review of relevant research and provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons. It also explores remote interpreting (for example, by telephone), interpreter training and certification, international trials and tribunals, and other cross-cultural issues. With a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.

The Oxford Handbook of Translation and Social Practices

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Publisher : Oxford University Press
ISBN 13 : 0190067225
Total Pages : 600 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Oxford Handbook of Translation and Social Practices by : Sara Laviosa

Download or read book The Oxford Handbook of Translation and Social Practices written by Sara Laviosa and published by Oxford University Press. This book was released on 2020-12-01 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discipline of translation studies has gained increasing importance at the beginning of the 21st century as a result of rapid globalization and the development of computer-based translation methods. Today, changing political, economic, health, and environmental realities across the world are generating previously unknown inter-language communication challenges that can only be understood through a socially-oriented and data-driven approach. The Oxford Handbook of Translation and Social Practices draws on a wide array of case studies from all over the world to demonstrate the value of different forms of translation - written, oral, audiovisual - as social practices that are essential to achieve sustainability, accessibility, inclusion, multiculturalism, and multilingualism. Edited by Meng Ji and Sara Laviosa, this timely collection illustrates the manifold interactions between translation studies and the social and natural sciences, enabling for the first time the exchange of research resources and methods between translation and other domains' experts. Twenty-nine chapters by international scholars and professional translators apply translation studies methods to a wide range of fields, including healthcare, environmental policy, geological and cultural heritage conservation, education, tourism, comparative politics, conflict mediation, international law, commercial law, immigration, and indigenous rights. The articles engage with numerous languages, from European and Latin American contexts to Asian and Australian languages, giving unprecedented weight to the translation of indigenous languages. The Handbook highlights how translation studies generate innovative solutions to long-standing and emerging social issues, thus reformulating the scope of this discipline as a socially-oriented, empirical, and ethical research field in the 21st century.

The Pragmatic Turn in Law

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 1501504681
Total Pages : 359 pages
Book Rating : 4.5/5 (15 download)

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Book Synopsis The Pragmatic Turn in Law by : Janet Giltrow

Download or read book The Pragmatic Turn in Law written by Janet Giltrow and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-06-12 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.

Federal Court Interpreters Orientation Manual and Glossary

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781542437608
Total Pages : 62 pages
Book Rating : 4.4/5 (376 download)

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Book Synopsis Federal Court Interpreters Orientation Manual and Glossary by : Administrative Office of the United Stat

Download or read book Federal Court Interpreters Orientation Manual and Glossary written by Administrative Office of the United Stat and published by Createspace Independent Publishing Platform. This book was released on 2017-01-09 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary purpose of this orientation manual and glossary is to provide contract and staff court interpreters with an introduction and reference to the federal court system, as well as to document best practices for interpreters in the courts. The secondary purpose is to serve as a court interpreting reference for judicial officers and for clerks of court and their staff.

Legal Interpretation of Tax Law

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Publisher :
ISBN 13 : 9789041184733
Total Pages : 0 pages
Book Rating : 4.1/5 (847 download)

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Book Synopsis Legal Interpretation of Tax Law by : Robert F. van Brederode

Download or read book Legal Interpretation of Tax Law written by Robert F. van Brederode and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Interpretation of Tax Law' is a comprehensive multi-jurisdiction survey of the interpretation of the corporate income tax and VAT and GST or other general sales tax laws. As a result of the globalization of trade and business, tax departments and their external advisors are increasingly required to deal with the tax law of foreign jurisdictions. Effective consulting, whether internal or external, requires not only knowledge of tax law per se but also of how tax law is explained and interpreted by the courts of foreign jurisdictions. This book is the first to deal comparatively with tax law interpretation in economies engaged in cross-border investment at a global level.00The introduction outlines the theoretical approaches to legal interpretation in general and gives an overview of issues and topics relevant to taxation ? designed to help readers understand the jurisdictional chapters that follow. Each author pays detailed attention to such documentary elements as explanatory memoranda, administrative rulings, judicial precedents, judgments of foreign courts, legislative debates, and OECD guidelines.