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Author:
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Category :
Languages : en
Pages :
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Author:
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ISBN:
Category :
Languages : en
Pages :
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Author:
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ISBN: 9782368936580
Category :
Languages : fr
Pages : 0
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Author: Henri Mazeaud
Publisher:
ISBN:
Category :
Languages : fr
Pages : 1108
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Author: Canada. Library of Parliament
Publisher: Ottawa
ISBN:
Category : Classification
Languages : en
Pages : 224
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Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 9780691120072
Category : Law
Languages : en
Pages : 460
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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: Library of Congress. Copyright Office
Publisher: Copyright Office, Library of Congress
ISBN:
Category : Copyright
Languages : en
Pages : 1216
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Author: Library of Congress. Copyright Office
Publisher:
ISBN:
Category : American drama
Languages : en
Pages : 1524
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Author: Lars Peter Wunibald van Vliet
Publisher:
ISBN:
Category : Conditional sales
Languages : en
Pages : 270
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Book Description
The subject-matter of this book is the transfer of movable property in German, French, English and Dutch law. Of particular importance is the division into the three main types of transfer system: the causal consensual system, the causal tradition system and the abstract tradition system. Here two dividing lines intertwine: the distinction between causal and abstract systems and the distinction between consensual and tradition systems. Often the existence of three different transfer systems is seen as a complicating factor in harmonizing European private law. Yet, the book demonstrates that the division between consensual systems and tradition systems and the division between causal and abstract systems are not unbridgeable.
Author: Library of Congress. Copyright Office
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 1528
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Book Description
The record of each copyright registration listed in the Catalog includes a description of the work copyrighted and data relating to the copyright claim (the name of the copyright claimant as given in the application for registration, the copyright date, the copyright registration number, etc.).
Author: Susan Zimmerman
Publisher: University of Delaware Press
ISBN: 9780874133233
Category : History
Languages : en
Pages : 316
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Book Description
This volume derives from two symposia sponsored by the Center for Renaissance and Baroque Studies at the University of Maryland. In studies of Italy, France, England, Holland, and Spain that range from the fifteenth through the seventeenth centuries, it explores various aspects of Renaissance urban culture and urban identity.
