The Interpretation And Application Of Statutes PDF Download
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Author | : Frederick Reed Dickerson |
Publisher | : Aspen Publishers |
Total Pages | : 346 |
Release | : 1975 |
Genre | : Law |
ISBN | : |
Download The Interpretation and Application of Statutes Book in PDF, ePub and Kindle
This work discusses the constitutional foundations that govern the relations between the legislature and the courts and the issues of separation of powers with respect to statutes. Concepts of legislative meaning, intent, purpose, and context are described in detail.
Author | : Theodore Sedgwick |
Publisher | : |
Total Pages | : 770 |
Release | : 1857 |
Genre | : Constitutional history |
ISBN | : |
Download A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional Law Book in PDF, ePub and Kindle
Author | : Theodore Sedgwick |
Publisher | : BoD – Books on Demand |
Total Pages | : 766 |
Release | : 2023-06-16 |
Genre | : Fiction |
ISBN | : 3382332094 |
Download A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional Law Book in PDF, ePub and Kindle
Reprint of the original, first published in 1857. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
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 | : Antonin Scalia |
Publisher | : West Publishing Company |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Judicial process |
ISBN | : 9780314275554 |
Download Reading Law Book in PDF, ePub and Kindle
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.
Author | : Douglas Walton |
Publisher | : Cambridge University Press |
Total Pages | : 347 |
Release | : 2021-01-21 |
Genre | : Law |
ISBN | : 1108429343 |
Download Statutory Interpretation Book in PDF, ePub and Kindle
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Author | : J.G. Sutherland |
Publisher | : Рипол Классик |
Total Pages | : 871 |
Release | : 1972 |
Genre | : History |
ISBN | : 5876844616 |
Download Statutes and statutory construction Book in PDF, ePub and Kindle
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author | : CHRISTOPHER. HUNT |
Publisher | : |
Total Pages | : |
Release | : 2018 |
Genre | : |
ISBN | : 9780779886777 |
Download LEGISLATING STATUTORY INTERPRETATION Book in PDF, ePub and Kindle
Author | : Lawrence Solan |
Publisher | : University of Chicago Press |
Total Pages | : 300 |
Release | : 2010-12 |
Genre | : Language Arts & Disciplines |
ISBN | : 0226767965 |
Download The Language of Statutes Book in PDF, ePub and Kindle
We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
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.