Law Interpretation And Reality PDF Download
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Author | : P.J. Nerhot |
Publisher | : Springer Science & Business Media |
Total Pages | : 457 |
Release | : 2013-04-17 |
Genre | : Philosophy |
ISBN | : 9401578753 |
Download Law, Interpretation and Reality Book in PDF, ePub and Kindle
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.
Author | : Nima Khalilian |
Publisher | : |
Total Pages | : 216 |
Release | : 2019-09-07 |
Genre | : Self-Help |
ISBN | : 9781951489007 |
Download The Art of Interpretation Book in PDF, ePub and Kindle
Want to take control of your life and find out how to deal with reality? Life is not a straight path. Throughout your journey, you'll encounter obstacles and challenges that will test your character and conviction. You are constantly bombarded by chaos and clamor, which can cloud your judgment and impede your reasoning. The world's noise has taken away your mind's innate power, and all the distractions you fixate on are holding you back. Think about all the things you can achieve if only you had a clear mind and a more grounded self. Master yourself and the world with The Art of Interpretation: A Guide to Remembering Rules of Reality Nima Khalilian takes you on a much-needed exodus to the realms of your inner being and the world's ever-changing paradigms. This book provides a helpful and accurate narrative on the fundamental concepts of reality and the unlocking of your beautiful mind's hidden potential. Without awareness, you are forced to think how the world wants you to think. With Nima's guidebook, you'll discover the art and science of your mind's raw power and how to weave it into your life. Embark on an intellectual, emotional, and psychological adventure where you're the captain while the book is the navigator. Take this rare opportunity to make meaning on the rules of reality and learn how to bend them in your favor. Inside this book you'll encounter: ✅ Inspirational insights on the power of choice. Suitable for ages 13 and up. ✅ A sensible blueprint of how rules are set by society and how to use them to propel you further in life. ✅ A conversational and friendly dialogue with a seasoned expert on self-discipline, rules of success, and the power lying dormant inside you. You're one button away from your next epiphany. Add The Art of Interpretation: A Guide to Remembering Rules of Reality to your cart TODAY
Author | : Allan Beever |
Publisher | : Edward Elgar Publishing |
Total Pages | : 352 |
Release | : 2021-06-25 |
Genre | : Law |
ISBN | : 1800374151 |
Download Law’s Reality Book in PDF, ePub and Kindle
Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
Author | : Yasutomo Morigiwa |
Publisher | : Springer Science & Business Media |
Total Pages | : 198 |
Release | : 2011-06-29 |
Genre | : Philosophy |
ISBN | : 9400715064 |
Download Interpretation of Law in the Age of Enlightenment Book in PDF, ePub and Kindle
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.
Author | : Jeffrey M. Shaman |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 286 |
Release | : 2000-11-30 |
Genre | : Law |
ISBN | : 0313000972 |
Download Constitutional Interpretation Book in PDF, ePub and Kindle
This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts. Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.
Author | : Robert A. Katzmann |
Publisher | : Oxford University Press |
Total Pages | : 184 |
Release | : 2014-08-14 |
Genre | : Law |
ISBN | : 0199362149 |
Download Judging Statutes Book in PDF, ePub and Kindle
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.
Author | : Marko Novak |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 203 |
Release | : 2019-01-24 |
Genre | : Law |
ISBN | : 1527527042 |
Download Modern Legal Interpretation Book in PDF, ePub and Kindle
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.
Author | : Charles De Visscher |
Publisher | : Princeton University Press |
Total Pages | : 398 |
Release | : 2015-12-08 |
Genre | : Law |
ISBN | : 1400875021 |
Download Theory and Reality in Public International Law Book in PDF, ePub and Kindle
This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author | : W. Lance Bennett |
Publisher | : |
Total Pages | : 224 |
Release | : 1981 |
Genre | : Law |
ISBN | : |
Download Reconstructing Reality in the Courtroom Book in PDF, ePub and Kindle
The authors suggest that the American criminal trial is organized around storytelling. To document the validity of this theory, they make use of data from more than sixty trials covering a variety of offenses ranging from shoplifting to murder.
Author | : Georges Abi-Saab |
Publisher | : Bloomsbury Publishing |
Total Pages | : 391 |
Release | : 2019-09-05 |
Genre | : Law |
ISBN | : 1509929908 |
Download Evolutionary Interpretation and International Law Book in PDF, ePub and Kindle
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.