Interpreting Law

Filename: interpreting-law.pdf
ISBN: 1634599128
Release Date:
Number of pages:
Author:
Publisher:

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Interpreting Law and Literature

Filename: interpreting-law-and-literature.pdf
ISBN: 0810107937
Release Date: 1988
Number of pages: 502
Author: Sanford Levinson
Publisher: Northwestern University Press

Download and read online Interpreting Law and Literature in PDF and EPUB 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."


The Discourse of Court Interpreting

Filename: the-discourse-of-court-interpreting.pdf
ISBN: 9789027216588
Release Date: 2004-01-01
Number of pages: 265
Author: Sandra Beatriz Hale
Publisher: John Benjamins Publishing

Download and read online The Discourse of Court Interpreting in PDF and EPUB 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.


Reading Law

Filename: reading-law.pdf
ISBN: 031427555X
Release Date: 2012
Number of pages: 567
Author: Antonin Scalia
Publisher: West Group

Download and read online Reading Law in PDF and EPUB 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.


Interpreting the Constitution

Filename: interpreting-the-constitution.pdf
ISBN: 9780190207960
Release Date: 2010-11-24
Number of pages: 368
Author: Kent Greenawalt
Publisher: Oxford University Press

Download and read online Interpreting the Constitution in PDF and EPUB 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, Greenawalt's 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.


Interpreting Hong Kong s Basic Law The Struggle for Coherence

Filename: interpreting-hong-kong-s-basic-law-the-struggle-for-coherence.pdf
ISBN: 9780230610361
Release Date: 2007-12-25
Number of pages: 265
Author: H. Fu
Publisher: Springer

Download and read online Interpreting Hong Kong s Basic Law The Struggle for Coherence in PDF and EPUB This book fills the gap in the understanding of approaches to constitutional law in the Mainland, and to allow comparison with the practices in Hong Kong and internationally.


Purposive Interpretation in Law

Filename: purposive-interpretation-in-law.pdf
ISBN: 0691120072
Release Date: 2005
Number of pages: 423
Author: Aharon Barak
Publisher: Princeton University Press

Download and read online Purposive Interpretation in Law in PDF and EPUB 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.


Measurement of Vessels Regulations Interpreting Laws Relating to Admeasurement of Vessels Together with the Said Laws of U S the Suez Canal Regulations and the Panama Canal Rules

Filename: measurement-of-vessels-regulations-interpreting-laws-relating-to-admeasurement-of-vessels-together-with-the-said-laws-of-u-s-the-suez-canal-regulations-and-the-panama-canal-rules.pdf
ISBN: UCAL:B3031973
Release Date: 1915
Number of pages:
Author: United States. Dept. of Commerce. Bureau of Navigation
Publisher:

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Law Interpretation and Reality

Filename: law-interpretation-and-reality.pdf
ISBN: 9789401578752
Release Date: 2013-04-17
Number of pages: 458
Author: P.J. Nerhot
Publisher: Springer Science & Business Media

Download and read online Law Interpretation and Reality in PDF and EPUB 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.


Measurement of Vessels Regulations Interpreting Laws Relating to Admeasurement of Vessels Together Wth Laws of the United States and the Suez Canal Regulations

Filename: measurement-of-vessels-regulations-interpreting-laws-relating-to-admeasurement-of-vessels-together-wth-laws-of-the-united-states-and-the-suez-canal-regulations.pdf
ISBN: UOM:39015062808715
Release Date: 1915
Number of pages: 84
Author: United States. Dept. of Commerce. Bureau of Navigation
Publisher:

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Interpretation in International Law

Filename: interpretation-in-international-law.pdf
ISBN: 9780191038709
Release Date: 2015-02-26
Number of pages: 380
Author: Andrea Bianchi
Publisher: OUP Oxford

Download and read online Interpretation in International Law in PDF and EPUB 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.


Cognitive Strategies for Interpreting Law

Filename: cognitive-strategies-for-interpreting-law.pdf
ISBN: OCLC:22561777
Release Date: 1987
Number of pages: 432
Author: Paul J. Hofer
Publisher:

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Interpreting Statutes

Filename: interpreting-statutes.pdf
ISBN: 1862875561
Release Date: 2005-01
Number of pages: 330
Author: Stephen Bottomley
Publisher: Federation Press

Download and read online Interpreting Statutes in PDF and EPUB 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.


Interpreting Ancient Israelite History Prophecy and Law

Filename: interpreting-ancient-israelite-history-prophecy-and-law.pdf
ISBN: 9781630874407
Release Date: 2013-06-07
Number of pages: 320
Author: John H. Hayes
Publisher: Wipf and Stock Publishers

Download and read online Interpreting Ancient Israelite History Prophecy and Law in PDF and EPUB Contents The History of the Study of Israelite and Judean History Wellhausen as a Historian of Israel The Twelve-Tribe Israelite Amphicyony: An Appraisal The Final Years of Samaria (730-720 BC) The History of the Form-Critical Study of Prophecy The Usage of Oracles against Foreign Nations in Ancient Israel Amos's Oracles against the Nations (1:2--2:16) Restitution, Forgiveness, and the Victim in Old Testament Law Covenant Covenant and Hesed: The Status of the Discussion


Interpretation in International Law

Filename: interpretation-in-international-law.pdf
ISBN: 9780191038709
Release Date: 2015-02-26
Number of pages: 380
Author: Andrea Bianchi
Publisher: OUP Oxford

Download and read online Interpretation in International Law in PDF and EPUB 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.