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 Classical Confucian Political Thought written by Loubna El Amine and published by Princeton University Press. This book was released on 2015-09-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual legacy of Confucianism has loomed large in efforts to understand China's past, present, and future. While Confucian ethics has been thoroughly explored, the question remains: what exactly is Confucian political thought? Classical Confucian Political Thought returns to the classical texts of the Confucian tradition to answer this vital question. Showing how Confucian ethics and politics diverge, Loubna El Amine argues that Confucian political thought is not a direct application of Confucian moral philosophy. Instead, contrary to the conventional view that Confucian rule aims to instill virtue in all members of society, El Amine demonstrates that its main aim is to promote political order. El Amine analyzes key aspects of the Confucian political vision, including the relationship between the ruler and the people, the typology of rulers, and the role of ministers and government officials. She also looks at Confucianism’s account of the mechanisms through which society is to be regulated, from welfare policies to rituals. She explains that the Confucian conception of the political leaves space open for the rule of those who are not virtuous if these rulers establish and maintain political order. She also contends that Confucians defend the duty to take part in government based on the benefits that such participation can bring to society. Classical Confucian Political Thought brings a new understanding to Confucian political theory by illustrating that it is not chiefly idealistic and centered on virtue, but rather realistic and driven by political concerns.

Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

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 Fundamentals of Court Interpretation written by Roseann Dueñas Gonzalez and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores court interpreting from legal, linguistic, and pragmatic vantages. Because of the growing use of interpreters, there is an increasing demand for guidelines on how to utilize them appropriately in court proceedings, and this book provides guidance for the judiciary, attorneys, and other court personnel while standardizing practice among court interpreters themselves. The new edition of the book, which has become the standard reference book worldwide, features separate guidance chapters for judges and lawyers, detailed information on title VI regulations and standards for courts and prosecutorial agencies, a comprehensive review of U.S. language policy, and the latest findings of research on interpreting.

Download or read book Manners of Interpretation written by Miguel Tamen and published by State University of New York Press. This book was released on 1993-08-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy and literary theory have devoted a great deal of their analysis to the problem of the origin and modalities of argumentation, but there has been an almost total lack of interest in the question of its procedural limits. Manners of Interpretation is an essay on ways of ending interpretations in literary studies as well as on patterns of controversy and consensus in the humanities. Tamen examines two major families of indisputable arguments in post-Enlightenment literary criticism and addresses the question of how one recognizes the proper time to use a given argument, especially and specifically an indisputable argument. The former aim leads to a tentative history of the constitution of literary theory as a set of identifiable ways of using arguments. The latter, meanwhile, points to a theory of argument and controversy and to a contribution to the discussion of human activities that, in spite of not being teachable, are nevertheless learnable. Such a theory seems to be particularly relevant both to the study of the interpretive dimension of literary criticism as it is now practiced and also to the knowledge and description of an area of the humanities that has often been neglected.

Download or read book Interpretation of Diagnostic Tests written by Jacques Burton Wallach and published by Little, Brown Medical Division. This book was released on 1996 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes information on laboratory procedures used in the diagnosis and treatment of many adult and pediatric conditions.

Download or read book A Brief Guide to New Testament Interpretation written by Roy A. Harrisville and published by Wipf and Stock Publishers. This book was released on 2022-03-25 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces the reader to the various perspectives involved in the interpretation of the New Testament from the lexicographical to the feminist approach. Each chapter contains examples of the perspective involved--its presuppositions and method, followed by a caveat. This book promises to be a welcome companion and invaluable source for students of New Testament theology.

Download or read book Essentials of Modern Open hole Log Interpretation written by John T. Dewan and published by Pennwell Books. This book was released on 1983 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents modern log interpretation simply and concisely for the geologist, petrophysicist, reservoir engineer, and production engineer familiar with rock properties but inexperienced with logs. It helps you specify good logging programs with up-to-date tools and interpret zones of interest with the latest techniques. You will also become familiar with computer-processed logs generated by the service companies at the wellsite and office.

Download or read book A New Interpretation of Herbart s Psychology and Educational Theory Through the Philosophy of Leibniz written by John Davidson and published by . This book was released on 1906 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Biblical Interpretation written by W. Randolph Tate and published by Baker Books. This book was released on 2008-05-01 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive exploration of the interpretive process, now available in paperback, has served as a successful textbook. It focuses on the three "worlds" of biblical interpretation--the world of the author, the world of the text, and the world of the reader--to help students develop an integrated hermeneutical strategy. The book offers clear explanations of interpretive approaches, which are supported by helpful biblical examples, and succinct synopses of various interpretive methods. Pedagogical aids include end-of-chapter review and study sections with key terms, study questions, and suggestions for further reading.

Download or read book The High Court on the Interpretation of Statutes written by Thomas Macleod and published by . This book was released on 1924 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New Testament Interpretation Matthew Revelation written by A. T. Robertson and published by . This book was released on 1921 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Messianism Secrecy and Mysticism written by Laura Arnold Leibman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Messianism, Secrecy and Mysticism tells the history of Early American Jews, focusing on the objects of everyday life used and created by Jews, such as ritual baths, food, gravestones, portraits, furniture, as well as the synagogue. By uncovering these objects and exposing the common culture of the Jewish Atlantic world, the book provides a fresh un

Download or read book Latin America A New Interpretation written by L. Whitehead and published by Springer. This book was released on 2006-01-23 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of collected essays by Laurence Whitehead, an eminent scholar of Latin America, explores the structures and influences that bind together the region, shedding light on this vast and rapidly changing culture zone.

Download or read book Constructing Paul written by Luke Timothy Johnson and published by Wm. B. Eerdmans Publishing. This book was released on 2020-03-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: First of a two-volume work providing a framework for understanding the life and thought of the apostle Paul In this methodological tour de force, Luke Timothy Johnson offers an articulate, clear, and thought-provoking portrait of the life and thought of the apostle Paul. Drawing upon recent developments in the study of Paul, Johnson offers readers an invitation to the Apostle Paul. Rather than focusing on a few of Paul’s letters, Johnson lays out the materials necessary to envision the apostle from the thirteen canonical letters of Paul and the Acts of the Apostles. Constructing Paul thus provides a framework within which an engagement with Paul’s letters can take place. Johnson demonstrates the possibility of doing responsible and creative work across the canonical collection without sacrificing literary or historical integrity. By bringing out the facets of the apostle from the canonical evidence, Johnson shows the possibilities for further and better inquiry into the life and thought of Paul. This first volume imagines a plausible biography for Paul and serves as an introduction to the studies in the second volume. Constructing Paul addresses all the pertinent questions related to the study of Paul. Johnson uses the canonical material as building blocks to make a case for why Paul ought to be heard today as a liberating rather than oppressing voice.

Download or read book A Handbook of New Testament Exegesis written by Craig L. Blomberg and published by Baker Academic. This book was released on 2010-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible handbook provides sound guidance on how to study the New Testament in depth, offering a step-by-step approach to the exegetical task.