Statutory Interpreation in Private Law
Title | Statutory Interpreation in Private Law PDF eBook |
Author | Prue Vines |
Publisher | |
Pages | |
Release | 2019-04-30 |
Genre | |
ISBN | 9781760022051 |
Statutory and Common Law Interpretation
Title | Statutory and Common Law Interpretation PDF eBook |
Author | Kent Greenawalt |
Publisher | Oxford University Press |
Pages | 402 |
Release | 2013 |
Genre | Law |
ISBN | 0199756147 |
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Legal Interpretation: Perspectives from Other Disciplines and Private Texts
Title | Legal Interpretation: Perspectives from Other Disciplines and Private Texts PDF eBook |
Author | Kent Greenawalt |
Publisher | Oxford University Press |
Pages | 368 |
Release | 2010-10-27 |
Genre | Law |
ISBN | 0199842434 |
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.
Statutes in Court
Title | Statutes in Court PDF eBook |
Author | William D. Popkin |
Publisher | Duke University Press |
Pages | 368 |
Release | 1999 |
Genre | Law |
ISBN | 9780822323280 |
A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Reading Law
Title | Reading Law PDF eBook |
Author | Antonin Scalia |
Publisher | West Publishing Company |
Pages | 0 |
Release | 2012 |
Genre | Judicial process |
ISBN | 9780314275554 |
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.
United States Code
Title | United States Code PDF eBook |
Author | United States |
Publisher | |
Pages | 1184 |
Release | 2013 |
Genre | Law |
ISBN |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
The Coherence of Statutory Interpretation
Title | The Coherence of Statutory Interpretation PDF eBook |
Author | Jeffrey Barnes |
Publisher | |
Pages | |
Release | 2019-07 |
Genre | |
ISBN | 9781760022099 |
Statutory interpretation affects every area of law and is of growing scholarly interest given long-running debate about the coherence of statutory interpretation and the fact that the law of interpretation comprises 'frail guidelines'. This contributed work critically analyses the law in light of this debate. It examines areas where the law is coherent leading to confidence in the judiciary and the administration of the law. It also examines areas where the law is not coherent and is need of improvement.