Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Download or read book LEGISLATING STATUTORY INTERPRETATION written by CHRISTOPHER. HUNT and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Mastering Statutory Interpretation written by Linda D. Jellum and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning.
Download or read book Interpretation Acts written by Chad Jacobi and published by . This book was released on 2018-12-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barrister Chad Jacobi has created a unique and practical reference work in Interpretation Acts: Origins and Meaning. It is based on the premise that the Interpretation Acts, which are key tools to reading legislation in the various Australian jurisdictions, themselves need to be read as statutes, the meanings of which must be ascertained. Lawyers are often confronted with the - sometimes urgent - need to understand these provisions in the context of litigation, particularly in areas highly affected by statutory interpretation, like public law as well as criminal law, succession law, industrial law and tax. This text helps practitioners grasp the "how, what and why" of these provisions by looking to their origins: how they have come about, what has changed and what the authoritative decisions on their meaning are today. It is the first publication of its kind in Australia, presenting history that is not merely interesting on its own terms, but is important in the very practical context of law in operation. It is a must for every law library, private and public.
Download or read book Interpretation and Understanding written by Marcelo Dascal and published by John Benjamins Publishing. This book was released on 2003-10-31 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our species has been hunting for meaning ever since we departed from our cousins in the evolutionary tree. We developed sophisticated forms of communication. Yet, as much as they can convey meaning and foster understanding, they can also hide meaning and prevent comprehension. Indeed, we can never be sure that a "yes" conveys assent or that a smile reveals pleasure. In order to ascertain what communicative behavior "means", we have to go through an elaborate cognitive process of interpretation. This book deals with how we achieve the daily miracle of understanding each other. Based on the author ’s contributions to pragmatics, the book articulates his perspective using the insights of linguistics, the philosophy of language and rhetoric, and confronting alternatives to it. Theory formation is shaped by application to fields of human activity – such as legal practice, artificial intelligence, psychoanalysis, the media, literature, aesthetics, ethics and politics – where interpretation and understanding are paramount. Using an accessible language, this is a book addressed to specialists as well as to anyone interested in interpreting understanding and understanding the potentialities and limits of interpretation.
Download or read book The Fall of Interpretation written by James K. A. Smith and published by Baker Books. This book was released on 2012-04-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative book James K. A. Smith, one of the most engaging Christian scholars of our day, offers an innovative approach to hermeneutics. The second edition of Smith's well-received debut book provides updated interaction with contemporary hermeneutical discussions and responds to criticisms.
Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Download or read book The Language of Statutes written by Lawrence Solan and published by University of Chicago Press. This book was released on 2010-12 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
Download or read book Statutory Interpretation written by Ronald Benton Brown and published by . This book was released on 2002 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Over Interpreting Wittgenstein written by A. Biletzki and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of Wittgenstein interpretation during the past eighty years. It provides different interpretations, chronologies, developments, and controversies. It aims to discover the motives and motivations behind the philosophical community's project of interpreting Wittgenstein. It will prove valuable to philosophers, scholars, interpreters, students, and specialists, in both analytic and continental philosophy.
Download or read book The Task of the Interpreter written by Pol Vandevelde and published by University of Pittsburgh Pre. This book was released on 2005-10-09 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Task of the Interpreter offers a new approach to what it means to interpret a text, and reconciles the possibility of multiple interpretations with the need to consider the author's intention. Vandevelde argues that interpretation is both an act and an event: It is an act in that interpreters, through the statements they make, implicitly commit themselves to justifying their positions, if prompted. It is an event in that interpreters are situated in a cultural and historical framework and come to a text with questions, concerns, and methods of which they are not fully conscious. These two aspects make interpretation a negotiation of meaning. The Task of the Interpreter provides an interdisciplinary investigation of textual interpretation including biblical hermeneutics (Gregory the Great's Homilies on Ezekiel), translation (Homer's The Odyssey), and literary fictions (Grass's Dog Years and Sabato's On Heroes and Tombs). Vandevelde's philosophical discussion will appeal to theorists of both continental and analytical/pragmatic traditions.
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Interpretation and Social Knowledge written by Isaac Ariail Reed and published by University of Chicago Press. This book was released on 2011-08-15 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past fifty years anxiety over naturalism has driven debates in social theory. One side sees social science as another kind of natural science, while the other rejects the possibility of objective and explanatory knowledge. Interpretation and Social Knowledge suggests a different route, offering a way forward for an antinaturalist sociology that overcomes the opposition between interpretation and explanation and uses theory to build concrete, historically specific causal explanations of social phenomena.
Download or read book Interpretation written by James Nolan and published by Multilingual Matters. This book was released on 2012-10-09 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades the explosive growth of globalization and regional integration has fuelled parallel growth in multilingual conferences. Although conference interpreting has come of age as a profession, interpreter training programs have had varied success, pointing to the need for an instructional manual which covers the subject comprehensively. This book seeks to fill that need by providing a structured syllabus and an overview of interpretation accompanied by exercises in various aspects of the art. It is meant to serve as a practical guide for interpreters and as a complement to interpreter training programs in the classroom and online, particularly those for students preparing for conference interpreting in international governmental and business settings. This expanded second edition includes additional exercises and provides direct links to a variety of web-based resources and practice speeches, also including additional language combinations.
Download or read book A Matter of Interpretation written by Elizabeth Mac Donald and published by . This book was released on 2021-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.
