Interpretative Opinions PDF Download
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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 | : William N. Eskridge |
Publisher | : Harvard University Press |
Total Pages | : 460 |
Release | : 1994 |
Genre | : Law |
ISBN | : 9780674218789 |
Download Dynamic Statutory Interpretation Book in PDF, ePub and Kindle
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Author | : Johanna Pink |
Publisher | : Equinox Publishing (UK) |
Total Pages | : |
Release | : 2018 |
Genre | : Qurʼan |
ISBN | : 9781781791448 |
Download Muslim Qurʼānic Interpretation Today Book in PDF, ePub and Kindle
Author | : Nathan ROUSE |
Publisher | : |
Total Pages | : 32 |
Release | : 1866 |
Genre | : Bible |
ISBN | : |
Download Principles of Biblical Interpretation. An examination of a review on the above subject in the “Local Preachers' Magazine,” in two letters addressed to the Editor Book in PDF, ePub and Kindle
Author | : Richard K. Gardiner |
Publisher | : Oxford University Press, USA |
Total Pages | : 577 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199669236 |
Download Treaty Interpretation Book in PDF, ePub and Kindle
The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Author | : United States. Bureau of Employment Security |
Publisher | : |
Total Pages | : 1590 |
Release | : 1949 |
Genre | : Unemployment insurance |
ISBN | : |
Download Unemployment Compensation Interpretation Service Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 1154 |
Release | : 1944 |
Genre | : Unemployment insurance |
ISBN | : |
Download Unemployment Compensation Interpretation Service Book in PDF, ePub and Kindle
Author | : Leicester Ambrose Sawyer |
Publisher | : |
Total Pages | : 80 |
Release | : 1834 |
Genre | : Bible |
ISBN | : |
Download The Elements of Biblical Interpretation Book in PDF, ePub and Kindle
Author | : Margaret Tudeau-Clayton |
Publisher | : Springer |
Total Pages | : 230 |
Release | : 1991-07-30 |
Genre | : Literary Criticism |
ISBN | : 1349117536 |
Download Addressing Frank Kermode: Essays in Criticism and Interpretation Book in PDF, ePub and Kindle
Author | : Shabtai Rosenne |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 225 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9004157271 |
Download Interpretation, Revision, and Other Recourse from International Judgments and Awards Book in PDF, ePub and Kindle
This work analyzes the complexity of interpretation, revision, and other forms of 'reference' to the International Court from some other international body, court or arbitral tribunal.