Download or read book Law Interpretation and Reality written by Patrick Nerhot and published by Springer Science & Business Media. This book was released on 1989-12-31 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book Law s Hermeneutics written by Simone Glanert and published by Taylor & Francis. This book was released on 2017-02-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.
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.
Download or read book Legal Hermeneutics written by Gregory Leyh and published by Univ of California Press. This book was released on 2023-09-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book Law Hermeneutics and Rhetoric written by Francis J. Mootz Iii and published by Routledge. This book was released on 2016-04-22 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Download or read book The Interpretation of Acts and Rules in Public International Law written by Alexander Orakhelashvili and published by Oxford Monographs in Internati. This book was released on 2008 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
Download or read book Law and Legal Interpretation written by Fernando Atria Lemaitre and published by Routledge. This book was released on 2017-11-01 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Deuteronomy and the Hermeneutics of Legal Innovation written by Bernard M. Levinson and published by Oxford University Press, USA. This book was released on 2002 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Positioned at the boundary of traditional biblical studies, legal history, and literary theory, Deuteronomy and the Hermeneutics of Legal Innovation shows how the legislation of Deuteronomy reflects the struggle of its authors to renew late seventh- century Judean society. Seeking to defend their revolutionary vision during the neo-Assyrian crisis, the reformers turned to earlier laws, even when they disagreed with them, and revised them in such a way as to lend authority to their new understanding of God's will. Passages that other scholars have long viewed as redundant, contradictory, or displaced actually reflect the attempt by Deuteronomy's authors to sanction their new religious aims before the legacy of the past. Drawing on ancient Near Eastern law and informed by the rich insights of classical and medieval Jewish commentary, Levinson provides an extended study of three key passages in the legal corpus: the unprecedented requirement for the centralization of worship, the law transforming the old Passover into a pilgrimage festival, and the unit replacing traditional village justice with a professionalized judiciary. He demonstrates the profound impact of centralization upon the structure and arrangement of the legal corpus, while providing a theoretical analysis of religious change and cultural renewal in ancient Israel. The book's conclusion shows how the techniques of authorship developed in Deuteronomy provided a model for later Israelite and post- biblical literature. Integrating the most recent European research on the redaction of Deuteronomy with current American and Israeli scholarship, Levinson argues that biblical interpretation must attend to both the diachronic and the synchronic dimensions of the text. His study, which provides a new perspective on intertextuality, the history of authorship, and techniques of legal innovation in the ancient world, will engage pentateuchal critics and historians of Israelite religion, while reaching out toward current issues in literary theory and Critical Legal Studies.
Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Download or read book Interpretation of Law in the Age of Enlightenment written by Yasutomo Morigiwa and published by Springer Science & Business Media. This book was released on 2011-06-29 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Download or read book Ars Interpretandi Vol 5 written by Giuseppe Zaccaria and published by LIT Verlag Münster. This book was released on 2000 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: " The 2000 issue of the Yearbook deals with the concept of translation. From the perspectives of philosophy of language, theology, comparative law and jurisprudence, such a notion is here addressed both in itself and in its many-sided relationships with the concept of interpretation. Schwerpunkt von Ars Interpretandi 2000 ist das Problem der Ubersetzung. Aus den Perspektiven von Sprachphilosophie, Theologie, Vergleichsrecht und Rechtstheorie wird dieser Begriff sowohl in sich selbst als auch in seinen mehrseitigen Zusammenhang mit Auslegung untersucht. Mit Beitr gen von: /Contributors: Giovanna Borradori; Donald Davidson; Gerard Rene de Groot; Winfried Hassemer; Domenico Jervolino; Tecia Mazzarese; Gianfranco Ravasi; Paul Ricoeur; Rodolfo Sacco; John R. Searle; Michael Walzer; Jerzy Wroblewski "
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Download or read book Legal and Political Hermeneutics written by Francis Lieber and published by . This book was released on 1880 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans-Georg Gadamer?s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer?s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer?s hermeneutical philosophy. Part I considers the relevance of Gadamer?s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer?s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
