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Author: Crabbe,
Publisher: Cavendish Publishing
ISBN: 1843143828
Category : Law
Languages : en
Pages : 259
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Book Description
This book seeks to explain to the beginner how to understand and interpret statutes. The book starts with an explanation of the nature and purpose of an Act of Parliament, including the policy considerations that may lie behind the Act.
Author: Crabbe,
Publisher: Cavendish Publishing
ISBN: 1843143828
Category : Law
Languages : en
Pages : 259
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Book Description
This book seeks to explain to the beginner how to understand and interpret statutes. The book starts with an explanation of the nature and purpose of an Act of Parliament, including the policy considerations that may lie behind the Act.
Author: Peter L. Strauss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952
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Book Description
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and
Author: V.C.R.A.C Crabbe
Publisher: Routledge
ISBN: 1135352674
Category : Law
Languages : en
Pages : 275
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Book Description
This book seeks to explain to the beginner how to understand and interpret statutes. The book starts with an explanation of the nature and purpose of an Act of Parliament, including the policy considerations that may lie behind the Act.
Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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Book Description
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
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: Lawrence M. Solan
Publisher: University of Chicago Press
ISBN: 0226767981
Category : Law
Languages : en
Pages : 300
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Book Description
Pulling the rug out from debates about interpretation, The Language of Statutes joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly contested area. Here, Lawrence M. Solan argues that statutory interpretation is alive, well, and not in need of the major overhaul that many have suggested. Rather, he suggests, the majority of people understand their rights and obligations most of the time, with difficult cases occurring in circumstances that we can predict from understanding when our minds do not work in a lawlike way. Solan explains that these cases arise because of the gap between our inability to write crisp yet flexible laws on one hand and the ways in which our cognitive and linguistic faculties are structured on the other. Making our lives easier and more efficient, we’re predisposed to absorb new situations into categories we have previously formed—but in the legislative and judicial realms this can present major difficulties. Solan provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable.
Author: David Lowe
Publisher: Bloomsbury Publishing
ISBN: 1782254323
Category : Law
Languages : en
Pages : 335
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Book Description
“[This book] will be of great value to practitioners, students, academics and judges - whatever their level of experience. [...] The trouble for many legal practitioners, and indeed for many legal book writers, can be a failure to see the wood for the trees, and that is a particular risk when it comes to a subject as fissiparous as statutory interpretation. David Lowe and Charlie Potter are to be congratulated for having avoided that risk: they have written a crisp and engaging book, which covers this important topic in an informative and accessible way...” From the foreword by David Neuberger Understanding Legislation provides a practical, accessible guide to interpreting both English and European legislation of all kinds. This book can be used as a first port of call for practitioners and students on all matters of statutory construction. It is designed to serve as a succinct and authoritative point of reference for questions concerning sources of legislation, the anatomy and structure of differing instruments and matters of interpretation. As well as considering how to read statutory language, and the key principles and presumptions that the courts will apply, the book addresses how other legislation and materials can influence the interpretive exercise and in what way. To this end, it discusses the interpretive significance of the different components of legislation, the various external aids to construction that may exist, and the role of international law, the European Convention on Human Rights (through the Human Rights Act 1998) and EU law in interpreting domestic law. While the primary focus is on English law, the treatment of EU and international law will also serve as concise freestanding guidance as to the sources of EU law, the construction of EU legislation and the construction of treaties.
Author: David Lowe (Lawyer)
Publisher:
ISBN: 9781509995554
Category : Law
Languages : en
Pages : 272
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Book Description
"[This book provides a] guide to interpreting both English and European legislation of all kinds. The book can be used as a practitioner's first port of call on all matters of statutory construction. It is designed to serve as a ... reference for questions concerning sources of legislation, the anatomy and structure of differing instruments, and matters of interpretation. As well as considering how to read statutory language and the key presumptions that the courts will apply, the book addresses how other legislation and materials can influence the interpretive exercise, and in what way. To this end, the book discusses the interpretive significance of the different components of legislation, the various external aids to construction that may exist, and the role of international law, EU law, and the European Convention on Human Rights (through the Human Rights Act 1998) in interpreting domestic law. While the primary focus is on English law, the treatment of EU and international law also serves as a short freestanding guide to the construction of EU instruments and treaties."--
Author: Peter L. Strauss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952
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Book Description
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and
Author: Nancy McCormack
Publisher:
ISBN: 9780779880133
Category : Law
Languages : en
Pages : 421
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Book Description
