The Fundamentals of Statutory Interpretation PDF Download
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Author: Cameron Hutchison
Publisher:
ISBN: 9780433494928
Category : Law
Languages : en
Pages : 152
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Book Description
"The modern principle is the official approach to statutory interpretation in Canada and is the foundation for the structure of this text. The modern principle focuses on the language of a statutory provision in light of its purpose, intent and context, and Hutchison devotes separate chapters to each of these aspects of statutory interpretation. The Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent. In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when legislation may interfere with "vested rights.""--Publisher's website.
Author: Cameron Hutchison
Publisher:
ISBN: 9780433494928
Category : Law
Languages : en
Pages : 152
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Book Description
"The modern principle is the official approach to statutory interpretation in Canada and is the foundation for the structure of this text. The modern principle focuses on the language of a statutory provision in light of its purpose, intent and context, and Hutchison devotes separate chapters to each of these aspects of statutory interpretation. The Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent. In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when legislation may interfere with "vested rights.""--Publisher's website.
Author: Frank B. Cross
Publisher: Stanford University Press
ISBN: 0804769818
Category : Law
Languages : en
Pages : 249
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Book Description
Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1108429343
Category : Law
Languages : en
Pages : 347
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Book Description
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Author: Dennis Charles Pearce
Publisher:
ISBN: 9780409336955
Category : Law
Languages : en
Pages : 496
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Book Description
Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts & tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become a vital tool of practice for anyone engaged in statutory interpretation.Geddes UNE; Pearce ANU.
Author: Roseann Dueñas Gonzalez
Publisher:
ISBN: 9780890892947
Category : Court interpreting and translating
Languages : en
Pages : 0
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Book Description
This volume explores court interpreting from legal, linguistic, and pragmatic vantages. Because of the growing use of interpreters, there is an increasing demand for guidelines on how to utilize them appropriately in court proceedings, and this book provides guidance for the judiciary, attorneys, and other court personnel while standardizing practice among court interpreters themselves. The new edition of the book, which has become the standard reference book worldwide, features separate guidance chapters for judges and lawyers, detailed information on title VI regulations and standards for courts and prosecutorial agencies, a comprehensive review of U.S. language policy, and the latest findings of research on interpreting.
Author: Pierluigi Chiassoni
Publisher: Springer
ISBN: 3030155900
Category : Law
Languages : en
Pages : 284
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Book Description
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
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: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 9780674009097
Category : Law
Languages : en
Pages : 300
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Book Description
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Author: Michael E. Jones
Publisher:
ISBN: 9781611633900
Category : Law
Languages : en
Pages : 406
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Book Description
This introductory text explores the origins, sources, function, and values of the exciting world of Intellectual Property (IP). Topics covered include copyright, trademark, patent, trade secret, domain names, and geographical indication, with primary attention given to IP law in the United States and ample coverage of key international laws. The history, development, and modern language is presented in an easy-to-absorb modular format. This book is designed as a text for classroom use.Text Outcomes: Paralegal and Legal Studies students using this text should be able to: 1. Identify and describe the basic types of protectable IP rights in the United States; 2. Differentiate between the different forms of IP and the specific common law and statutory rights secured under both United States and, to a more limited degree, foreign law; 3. Identify the limits of IP rights by duration and statutory interpretation of language like the ''fair use'' doctrine for copyrights, and constitutional boundaries under the First Amendment; 4. Understand the basic research process used to discover or locate existing protectable interest in IP in the United States; 5. Understand the basic application processes used in the United States to register certain types of IP in order to obtain greater protection, and be familiar with the scope of that greater protection; 6. Demonstrate a basic familiarity with some common government websites and online research tools used in IP legal practice; 7. Articulate causes of action to protect IP rights, and understand the common defenses to claims of infringement or unfair competition; 8. Understand the various remedies available to address IP infringement or unfair competition in the United States, including civil and criminal proceedings and monetary and non-monetary remedies; 9. Discuss the public policy and societal value considerations behind modern IP rights and their limits.
Author: Sir Peter Benson Maxwell
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 500
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Book Description
