Some Reflections on the Reading of Statutes
| Author | : Felix Frankfurter |
| Publisher | : |
| Total Pages | : 29 |
| Release | : 1989 |
| Genre | : Law |
| ISBN | : |
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Some Reflections on the Reading of Statutes
| Author | : Felix Frankfurter |
| Publisher | : |
| Total Pages | : 40 |
| Release | : 1947 |
| Genre | : Law |
| ISBN | : |
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Interpreting Statutes
| Author | : Suzanne Corcoran |
| Publisher | : Federation Press |
| Total Pages | : 358 |
| Release | : 2005 |
| Genre | : Art |
| ISBN | : 9781862875562 |
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Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
Federalism
| Author | : Anthony J. Bellia Jr. |
| Publisher | : Aspen Publishing |
| Total Pages | : 765 |
| Release | : 2017-01-10 |
| Genre | : Law |
| ISBN | : 1454887699 |
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This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism
Routledge Library Editions: Logic
| Author | : Various |
| Publisher | : Routledge |
| Total Pages | : 4814 |
| Release | : 2021-09-30 |
| Genre | : Philosophy |
| ISBN | : 1000518469 |
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Reissuing works originally published between 1931 and 1990, this set of twenty-four books covers the full range of the philosophy of logic, from introductions to logic, to calculus and mathematical logic, to logic in language and linguistics and logical reasoning in law and ethics. An international array of authors are represented in this comprehensive collection.
Judging Statutes
| Author | : Robert A. Katzmann |
| Publisher | : Oxford University Press |
| Total Pages | : 184 |
| Release | : 2014-08-14 |
| Genre | : Law |
| ISBN | : 0199362149 |
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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.
The Logic of Choice
| Author | : Gidon Gottlieb |
| Publisher | : Routledge |
| Total Pages | : 231 |
| Release | : 2019-10-30 |
| Genre | : Philosophy |
| ISBN | : 1000735540 |
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Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.
Foreign Relations Law
| Author | : Curtis A. Bradley |
| Publisher | : Aspen Publishing |
| Total Pages | : 884 |
| Release | : 2024 |
| Genre | : International and municipal law |
| ISBN | : |
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"Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--
Judicial Approach to Interpretation of Constitution
| Author | : Ijaiya, Hakeem Olasunkanmi |
| Publisher | : Malthouse Press |
| Total Pages | : 219 |
| Release | : 2017-05-05 |
| Genre | : Law |
| ISBN | : 9789584466 |
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This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.
Precedents, Statutes, and Analysis of Legal Concepts
| Author | : Scott Brewer |
| Publisher | : Routledge |
| Total Pages | : 401 |
| Release | : 2013-06-17 |
| Genre | : Philosophy |
| ISBN | : 1135643024 |
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At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
