Download or read book Word Meaning and Legal Interpretation written by Christopher Mark Hutton and published by Bloomsbury Publishing. This book was released on 2017-09-09 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces ideas about word meaning in the context of law. It analyzes cases from common law jurisdictions that concern the meaning, definition and legal status of individual words, labels and categories. The focus is on the question of how law assigns authority over word meaning in different circumstances and in different domains of law.
Download or read book Ordinary Meaning written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2015-12-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian G. Slocum s "Ordinary Meaning "offers an extended legal-linguistic analysis of the eponymous interpretive doctrine. A centuries-old consensus exists among courts and legal scholars that words in legal texts should be interpreted in light of accepted standards of communication. Therefore the questions of what makes some meaning the ordinary one, and how the determinants of ordinary meaning are identified and conceptualized, are of crucial importance to the interpretation of legal texts. Arguing against reliance on acontextual dictionary definitions, "Ordinary Meaning" rigorously explores the contributions that specific context makes to meaning, along with linguistic phenomena such as indexicals and quantifiers. Slocum provides a theory and a robust general framework for how the determinants of ordinary meaning should be identified and developed."
Download or read book The Judicial Interpretation of Common Words and Phrases written by Irving Browne and published by . This book was released on 1883 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LAW LANGUAGE written by Tsz-Shan Wei and published by Open Dissertation Press. This book was released on 2017-01-27 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Law and Language: Problems of Meaning and Interpretation in the Hong Kong Courts" by Tsz-shan, Wei, 韋子山, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled Law and Language: Problems of Meaning and Interpretation in the Hong Kong Courts submitted by Wei Tsz Shan for the degree of Master of Philosophy at the University of Hong Kong in November 2000 When we talk about legal disputes in law cases, all of them can be generalized as the question: does 'X' fall within the meaning of 'Y'?; that is, they can be understood as questions of 'categorization'. A legal judgment is actually a decision of categorizing a factual scenario (i.e. the alleged act) into a 'category' (i.e. the provision of a statute). If the act of the defendant (i.e. X) is considered by judges (or the jury) as falling within the provision of the statute (i.e. Y), the defendant shall be convicted. In considering whether 'X' (i.e. a concept, an event or an object) is 'Y', the legal practitioners have to know the meaning of 'X' and 'Y'. However, it is not easy to clarify what do 'X' and "Y' mean. Lord Reid's remarks, 'Normally, the meaning of words, is a question of law for the courts' and 'the meaning of an ordinary word of the English language is not a question of law', can be perceived as a precise description of the problems of meaning in legal interpretation. Language is intrinsically indeterminate. The legal practitioners are working with the problems of ambiguity and vagueness, open texture of words and penumbra of uncertainty, and blurred word boundaries etc. The adoption of different interpretive approaches and other factors, such as habitual collocation, legislative intents and intended social effects, authenticity of the two language texts and hierarchical structure of the courts will also contribute to the complexity of interpretation. i Under a monolingual legal system, legal practitioners normally have to face the problems of meaning of one language only. Under a bilingual (or multi-lingual) legal system, with the addition of one (or more) language(s), they have to face, at least, one more problems i.e. translatability, which will complicate the job of legal interpretation. In Hong Kong, because legal bilingualism is practised, both the Chinese and the English language texts are equally authentic. Neither text shall prevail over the other. If discrepancies in meaning exist between the two language texts, reconciliation has to be found. The problems of translatability will not only aggravate the already-existing problems of legal interpretation, but also create more. Two approaches: the dictionary and prototype theory have been employed to see if they can, or cannot, help to deal with the problems of meaning in law. The dictionary and prototype theory have been selected because the former serves the purpose of defining meanings; the latter is concerned with classification. Seven court cases have been selected as the testing grounds for the contribution of these two means. Six of them took place in Hong Kong and one is from the jurisdiction of the United States. The focal points of discussion of this thesis are (1) how word meanings are interpreted in different legal contexts; (2) what problems of interpretation will be; and (3) whether the dictionary and prototype theory have a role to play in solving problems of legal interpretation. ii DOI: 10.5353/th_b2973969 Subjects: Law - China - Hong Kong - Interpretation and constru
Download or read book A new law dictionary containing the interpretation and definition of words and terms used in the law etc written by Giles Jacob and published by . This book was released on 1729 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Interpretation Perspectives from Other Disciplines and Private Texts written by Kent Greenawalt and published by Oxford University Press. This book was released on 2010-10-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 A New Law dictionary written by Giles Jacob and published by . This book was released on 1729 with total page 782 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 A New Law dictionary written by Giles Jacob and published by . This book was released on 1782 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Meaning in Legal Interpretation written by Graham Bradfield and published by . This book was released on 1998 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of papers from the legal theory conference held at the Rand Afrikaans University in September 1997. The conference was divided into six sessions, two on jurisprudence, two on common law, and two on constitutional law. Two papers and two responses were presented in each session.
Download or read book A New Law dictionary written by Giles Jacob and published by . This book was released on 1762 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A New Law dictionary written by Giles Jacob and published by . This book was released on 1736 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law dictionary written by Giles Jacob and published by . This book was released on 1811 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Dictionary of Statutory Interpretation written by William D. Popkin and published by . This book was released on 2007 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory interpretation has become the most commonly-required skill of the modern lawyer. A Dictionary of Statutory Interpretation provides a ready reference to the important terms and ideas that arise in connection with determining the meaning of legislation. Chapter 1 includes over 100 entries, including the following: ambiguity the absurdity canon linguistic and substantive canons legislative intent legislative purpose legislative history textualism Legal Realism Law and Economics Each entry includes a definition, an explanation of the relevance of the term and ideas for statutory interpretation, some history about its use, and a concise discussion of contemporary issues. The author expresses his point of view in the discussion of these issues - which is generally skeptical about textualism - but presents all sides of the debate. A "reference" section allows for further research on each subject. Chapter 2 includes over 35 famous quotations dealing with the interpretation of statutes, along with historical and critical commentary. The entries include Learned Hand, Holmes, Calabresi, Posner, Easterbrook, Pound, Blackstone, etc. The book will be useful for lawyers, judges, law professors, and law students who want an entry into the contemporary debate about how to interpret legislation, along with an insight into what is at stake in those debates. "...filled with usefully extended treatments of important and interesting legal terms." -- The Green Bag "This book will be a useful tool for readers or libraries needing a good single-volume guide to statutory interpretation. Summing up: Highly recommended." -- CHOICE "Librarians and researchers . . . should consider A Dictionary of Statutory Interpretation an essential reference work (for a very affordable price). . . . [It] will likely become a go-to resource when quick but in-depth analysis of a statutory interpretation question is sought." -- Legal Information Alert, (Volume 26, Issue #9), Alert Publications, Inc., Chicago, IL. www.alertpub.com
Download or read book A New Law dictionary Containing the Interpretation and Definition of Words and Terms Together with Such Informations Relating Thereto as Explain the History and Antiquity of the Law Collected and Abstracted from All Dictionaries Abridgments Published to this Time The Second Edition Corrected with Large Additions To which is Annexed a Table of References to All the Arguments and Resolutions of the Lord Chief Justice Holt By Giles Jacob Gent written by Giles Jacob and published by . This book was released on 1732 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Insights Into the Semantics of Legal Concepts and the Legal Dictionary written by Martina Bajčić and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on legal concepts from the dual perspective of law and terminology. Exploring topics common to both disciplines such as meaning, conceptualization and specialized knowledge transfer, the book gives a state-of-the-art account of legal interpretation, legal translation and legal lexicography with special emphasis on EU law.
