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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 70
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 70
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Book Description
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400841267
Category : Law
Languages : en
Pages : 444
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Book Description
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Author: Australia. Federal Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 644
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Book Description
Author: Lisa Sun-Hee Park
Publisher: NYU Press
ISBN: 0814768040
Category : Nature
Languages : en
Pages : 287
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Book Description
Offering a new understanding of low-wage immigrants (mostly from Latin America) who have become the foundation for service and leisure work in a famous resort, and of the recent history of the ski industry, Park and Pellow expose the ways in which Colorado boosters have reshaped the landscape and ecosystems in the pursuit of profit.
Author: Peter Brimelow
Publisher: Random House (NY)
ISBN:
Category : Political Science
Languages : en
Pages : 358
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Book Description
The controversial, bestselling book (37,500 hardcover copies sold) that helps define the debate about one of the most important and hotly contested issues facing America: immigration.
Author: John Norton Moore
Publisher: Berghahn Books
ISBN:
Category : Law
Languages : en
Pages : 1448
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Book Description
Author:
Publisher:
ISBN:
Category : Immigrants
Languages : en
Pages : 4
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Book Description
Author: Veit-Michael Bader
Publisher: Amsterdam University Press
ISBN: 9053569995
Category : Social Science
Languages : en
Pages : 387
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Book Description
Policies dealing with religious diversity in liberal democratic states—as well as the established institutions that enforce those policies—are increasingly under pressure. Politics and political theory are caught in a trap between the fully secularized state and neo-corporate regimes of selective cooperation between states and organized religion. This volume proposes an original, comprehensive, and multidisciplinary approach to problems of governing religious diversity—combining moral and political philosophy, constitutional law, history, sociology, and religious anthropology. Drawing on such diverse scholarship, Secularism or Democracy? proposes an associational governance—a moderately libertarian, flexible variety of democratic institutional pluralism—as the plausible third way to overcome the inherent deficiencies of the predominant models.
Author: John D. Pihach
Publisher: Canadian Institute of Ukrainian Studies Press
ISBN:
Category : History
Languages : en
Pages : 294
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Book Description
A guide to tracing one's Ukrainian ancestry in Europe.
Author: Sandra Braman
Publisher: MIT Press
ISBN: 026226188X
Category : Computers
Languages : en
Pages : 571
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Book Description
How control over information creation, processing, flows, and use has become the most effective form of power: theoretical foundations and empirical examples of information policy in the U.S., an innovator informational state. As the informational state replaces the bureaucratic welfare state, control over information creation, processing, flows, and use has become the most effective form of power. In Change of State Sandra Braman examines the theoretical and practical ramifications of this "change of state." She looks at the ways in which governments are deliberate, explicit, and consistent in their use of information policy to exercise power, exploring not only such familiar topics as intellectual property rights and privacy but also areas in which policy is highly effective but little understood. Such lesser-known issues include hybrid citizenship, the use of "functionally equivalent borders" internally to allow exceptions to U.S. law, research funding, census methods, and network interconnection. Trends in information policy, argues Braman, both manifest and trigger change in the nature of governance itself.After laying the theoretical, conceptual, and historical foundations for understanding the informational state, Braman examines 20 information policy principles found in the U.S Constitution. She then explores the effects of U.S. information policy on the identity, structure, borders, and change processes of the state itself and on the individuals, communities, and organizations that make up the state. Looking across the breadth of the legal system, she presents current law as well as trends in and consequences of several information policy issues in each category affected. Change of State introduces information policy on two levels, coupling discussions of specific contemporary problems with more abstract analysis drawing on social theory and empirical research as well as law. Most important, the book provides a way of understanding how information policy brings about the fundamental social changes that come with the transformation to the informational state.
