Feeney's Canadian Law of Wills PDF Download
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Author: Thomas G. Feeney
Publisher:
ISBN: 9780433392477
Category : Probate law and practice
Languages : en
Pages : 780
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Book Description
Author: Thomas G. Feeney
Publisher:
ISBN: 9780433392477
Category : Probate law and practice
Languages : en
Pages : 780
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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: Mary-Alice Thompson
Publisher: CCH Canadian Limited
ISBN: 9781553672067
Category : Law
Languages : en
Pages : 338
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Book Description
Author: Nancy McCormack
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 590
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Book Description
Author: Lyndon Maither
Publisher: Lyndon Maither
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 2938
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Book Description
Author: Mathias Rohe
Publisher: BRILL
ISBN: 9004281800
Category : Law
Languages : en
Pages : 676
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Book Description
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
Author:
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 1332
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Book Description
Author: Law Society of Upper Canada
Publisher:
ISBN:
Category : Bar associations
Languages : en
Pages : 780
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Book Description
Author: Ian M. Hull
Publisher: CCH Canadian Limited
ISBN: 9781551412214
Category : Capacity and disability
Languages : en
Pages : 228
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Book Description
Author: Lionel D. Smith
Publisher: Clarendon Press
ISBN: 0191587036
Category : Law
Languages : en
Pages : 453
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Book Description
The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
