Modern Legal Interpretation

Modern Legal Interpretation

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  • Author: Marko Novak
  • Publisher: Cambridge Scholars Publishing
  • ISBN: 1527527042
  • Category : Law
  • Languages : en
  • Pages : 203

Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.


Modern Statutory Interpretation

Modern Statutory Interpretation

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  • Author: Linda D. Jellum
  • Publisher:
  • ISBN: 9781594606755
  • Category : Law
  • Languages : en
  • Pages : 0

This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of "uniform statutes." Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised. An electronic Teacher's Manual is available. To request the file, please email crutan (at) cap-press (dot) com.


Legal Interpretation: Perspectives from Other Disciplines and Private Texts

Legal Interpretation: Perspectives from Other Disciplines and Private Texts

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  • Author: Kent Greenawalt
  • Publisher: Oxford University Press
  • ISBN: 0199842434
  • Category : Law
  • Languages : en
  • Pages : 368

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.


Law and Legal Interpretation

Law and Legal Interpretation

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  • Author: Fernando Atria Lemaitre
  • Publisher: Routledge
  • ISBN: 135177011X
  • Category : Social Science
  • Languages : en
  • Pages : 594

This title was first published in 2003. Leading contemporary essays on interpretation are assembled in this volume, which offsets them against a small number of "classical" works from earlier periods. It has long been recognized that textual sources (constitutions, statutes, precedents, commentaries) are central to developed systems of law and that interpretation of such texts is one highly important element in adjudication, legal practice and legal scholarship. Scholars have also contended that the totality of legal activity is "interpretive" in a wider sense and debates about objectivity have raged. The reasons for this development are here critically scrutinized.


Reading Law

Reading Law

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  • Author: Antonin Scalia
  • Publisher: West Publishing Company
  • ISBN: 9780314275554
  • Category : Judicial process
  • Languages : en
  • Pages : 0

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.


Dynamic Statutory Interpretation

Dynamic Statutory Interpretation

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  • Author: William N. Eskridge
  • Publisher: Harvard University Press
  • ISBN: 9780674218789
  • Category : Law
  • Languages : en
  • Pages : 460

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.


Foucauldian Interpretation of Modern Law

Foucauldian Interpretation of Modern Law

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  • Author: Jacopo Martire
  • Publisher: Edinburgh University Press
  • ISBN: 1474411932
  • Category : Philosophy
  • Languages : en
  • Pages : 248

This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power? Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.


The Fundamentals of Statutory Interpretation

The Fundamentals of Statutory Interpretation

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  • Author: Cameron Hutchison
  • Publisher:
  • ISBN: 9780433494928
  • Category : Law
  • Languages : en
  • Pages : 152

"The modern principle is the official approach to statutory interpretation in Canada and is the foundation for the structure of this text. The modern principle focuses on the language of a statutory provision in light of its purpose, intent and context, and Hutchison devotes separate chapters to each of these aspects of statutory interpretation. The Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent. In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when legislation may interfere with "vested rights.""--Publisher's website.


Foucauldian Interpretation of Modern Law

Foucauldian Interpretation of Modern Law

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  • Author: Martire Jacopo Martire
  • Publisher: Edinburgh University Press
  • ISBN: 1474411940
  • Category : Philosophy
  • Languages : en
  • Pages : 321

This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power? Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.


Modern Statutory Interpretation

Modern Statutory Interpretation

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  • Author: Linda D. Jellum
  • Publisher:
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 464

This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of ''uniform statutes.'' Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised.