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Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
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Book Description
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: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
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Book Description
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: Eva N.S. Ng
Publisher: John Benjamins Publishing Company
ISBN: 9027261474
Category : Language Arts & Disciplines
Languages : en
Pages : 361
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Book Description
The importance of quality interpreting in legal and healthcare settings can never be stressed enough, when any mistake – no matter how small – can compromise the delivery of justice or put someone’s health at risk. This book addresses issues arising from interpreting in legal and healthcare settings by presenting cutting-edge research findings in interpreting and interpreter education in a number of countries around the world – including those which are relatively new to the field. It contains selected papers from a conference dedicated to such themes – the First International Conference on Legal and Healthcare Interpreting – as well as other invited papers related to the fields of legal and healthcare interpreting. This book is useful not only to scholars and educators, interpreters and translators working in legal or healthcare settings, but also to legal and healthcare professionals who work with interpreters in their day-to-day work, including judges, lawyers, police officers, doctors, midwives and nurses.
Author: Joanne Banker Hames
Publisher: Pearson College Division
ISBN: 9780135109441
Category : Law
Languages : en
Pages : 574
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Book Description
LEGAL RESEARCH, ANALYSIS, AND WRITING, 4/e fully integrates the basics of legal research, analysis, and writing, bringing together all the basic knowledge and tools students need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. It provides many highly realistic research and writing exercises, as well as new tools designed to help students become more effective writers. Throughout, it clarifies the interrelationships among legal research, analysis, and writing, enabling students to experience the total process as it is performed in practice. Reflecting today's new realities, this edition also contains extensive new coverage of Internet-based research on both free and fee-based sites.
Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
ISBN: 1847317804
Category : Law
Languages : en
Pages : 310
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Book Description
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
Author: JANE C.. LOUK GINSBURG (DAVID S.)
Publisher: Foundation Press
ISBN: 9781683289975
Category :
Languages : en
Pages : 709
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Book Description
This updated casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic. Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at least broaden) the tunnel vision that so often afflicts beginning law students. The fifth edition features a substantially revised chapter on statutory interpretation. It not only highlights recent Supreme Court decisions, but also confronts students with statutory texts to construe independently of judicial exposition. The chapter also includes new sections on ordinary meaning, the use of dictionaries and corpus linguistics, and temporal problems in statutory interpretation.
Author: Uzoma Ihugba
Publisher: African Books Collective
ISBN: 9785916545
Category : Law
Languages : en
Pages : 291
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Book Description
The book is written in a conversational style, and the language is accessible and simple, with flowing examples that users can relate with. Practical legal questions are raised and application of individual research methods, strategies, approaches and philosophies are demonstrated. The book starts with a clear definition of legal research method to justification and importance. It spans the research process, theoretical positions and justification for research, the writing up process and the defence of research output either in seminars, conferences or for PhD defence. It also prepares researchers and academicians for discussion and interaction with peers at conferences and seminars.
Author: David Duarte
Publisher: Springer Nature
ISBN: 3030186717
Category : Law
Languages : en
Pages : 251
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Book Description
This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Author: J.G. Sutherland
Publisher: Рипол Классик
ISBN: 5876844616
Category : History
Languages : en
Pages : 871
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Book Description
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author: William N. Eskridge (Jr.)
Publisher:
ISBN: 9781634599122
Category : Law
Languages : en
Pages : 0
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Book Description
""Interpreting Law" is an accessible introduction to statutory and constitutional interpretation by the nation's leading legislation scholar. This concise treatise not only identifies the primary "canons" or precepts that guide interpretation, but demonstrates how they operate and interact, as a matter of both practice and evolving aspiration. Unlike earlier academic treatises, which rummage through a potpourri of often arcane Supreme Court decisions, Professor Eskridge's new book focuses on a statute prohibiting "vehicles" in Lafayette Park, across the street from the White House. Each chapter engages the law student and the experienced practitioner to consider the application of the statute and its statutory and institutional context to a wide and often delightful array of situations. As the preface by Justice John Paul Stevens suggests, the reader will emerge from this book with a deeply enriched understanding of-and excitement about-legal interpretation."
Author: CHRISTOPHER. HUNT
Publisher:
ISBN: 9780779886777
Category :
Languages : en
Pages :
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Book Description
