Interpreting Law

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ISBN: 1634599128
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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.

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.

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.

Legal Interpretation Perspectives from Other Disciplines and Private Texts

Filename: legal-interpretation-perspectives-from-other-disciplines-and-private-texts.pdf
ISBN: 9780199842438
Release Date: 2010-10-27
Number of pages: 368
Author: Kent Greenawalt
Publisher: Oxford University Press

Download and read online Legal Interpretation Perspectives from Other Disciplines and Private Texts 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, 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.

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.

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.

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

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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.

Interpretation of Law in the Global World From Particularism to a Universal Approach

Filename: interpretation-of-law-in-the-global-world-from-particularism-to-a-universal-approach.pdf
ISBN: 3642048862
Release Date: 2010-04-08
Number of pages: 378
Author: Joanna Jemielniak
Publisher: Springer Science & Business Media

Download and read online Interpretation of Law in the Global World From Particularism to a Universal Approach in PDF and EPUB Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.

New Commentary on the Code of Canon Law

Filename: new-commentary-on-the-code-of-canon-law.pdf
ISBN: 0809140667
Release Date: 2000
Number of pages: 1952
Author: John P. Beal
Publisher: Paulist Press

Download and read online New Commentary on the Code of Canon Law in PDF and EPUB A complete and updated commentary on the Code of Canon Law prepared by the leading canonists of North America and Europe. Contains the full, newly translated text of the Code itself as well as detailed commentaries by thirty-six scholars commissioned by the Canon Law Society of America.

Sign Language Interpreters in Court

Filename: sign-language-interpreters-in-court.pdf
ISBN: 9781425923419
Release Date: 2006-01
Number of pages: 279
Author: Carla M. Mathers
Publisher: AuthorHouse

Download and read online Sign Language Interpreters in Court in PDF and EPUB Ok, so you're 65ish with nothing to do except solve murders...hey, is this so bad? Enough of these 20-something sleuthis with great figures, it's time to make way for the Geritol Generation, the more seasoned detective. Mrs. Bee, together with her sidekick Barney, back again as the four-legged Sherlock with attitude, pit their skills against one of the most diabolical murderers yet. Oh, yes, the ghosts, as usual, help out when they're not getting in the way. Set in Orlando, Mrs. Bee's new adventure takes her back in time to try to save a child marked for murder. Mrs Bee, her gorgeous red haired reporter niece Maggie, Maggie's maybe boyfriend Murphy and the visions.....Delicious. JOAN, I AM SO LOVING THIS BOOK. YOU ARE AN EXCELLENT AUTHOR. I AM SO DRAWN TO SEE WHAT THIS OLD LADY IS UP TO NEXT. IT'S WELL WRITTEN, AND THE WAY YOU DESCRIBE THINGS, I CAN VISUALIZE IT HAPPENING. FOR ME, THAT IS THE ART OF A GREAT STORY TELLER. I LOVE LITTLE BARNEY, I'M SORRY HE IS NO LONGER WITH YOU. HOW GREAT THAT BARNEY WILL LIVE ON FOREVER THROUGH YOUR BOOK. I WILL KEEP IN TOUCH WITH YOU AS I READ ON. THANKS FOR A WONDERFUL READ, I HOPE THERE ARE MORE TO FOLLOW. CLAUDIA BALL

War Torn Environment

Filename: war-torn-environment.pdf
ISBN: 9789004138483
Release Date: 2004-01
Number of pages: 340
Author: Karen Hulme
Publisher: Martinus Nijhoff Publishers

Download and read online War Torn Environment in PDF and EPUB This book analyses the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured.

Multilingual Interpretation of European Union Law

Filename: multilingual-interpretation-of-european-union-law.pdf
ISBN: 9789041128539
Release Date: 2009
Number of pages: 418
Author: Mattias Derlén
Publisher: Kluwer Law International

Download and read online Multilingual Interpretation of European Union Law in PDF and EPUB At head of title: Kluwer Law International