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Author: Lackland H. Bloom (Jr.)
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 604
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Book Description
Methods of Interpretation: How the Supreme Court Reads the Constitution examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases. He identifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices. Professor Bloom pays particular focus on the Supreme Court's approaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.
Author: Lackland H. Bloom (Jr.)
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 604
Get Book
Book Description
Methods of Interpretation: How the Supreme Court Reads the Constitution examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases. He identifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices. Professor Bloom pays particular focus on the Supreme Court's approaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.
Author:
Publisher:
ISBN: 9780687037063
Category : Religion
Languages : en
Pages : 0
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Book Description
"Methods of Biblical Interpretation is a valuable reference tool for all students of biblical interpretation and a highly useful supplemental text for the seminary classroom, the graduate seminar, and upper-level undergraduate courses."--BOOK JACKET.
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: Julio C. Cueto-Rua
Publisher: Publications Institute Paul M. Hebert Law Center Louisiana S
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
Author: Joel B. Green
Publisher: Cambridge University Press
ISBN: 052188912X
Category : Religion
Languages : en
Pages : 169
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Book Description
In Methods for Luke, four leading scholars demonstrate how different interpretive methods provide insight into the Gospel of Luke. Introducing contemporary perspectives on historical criticism, feminist criticism, narrative criticism, and Latino interpretation, they illustrate these approaches to New Testament study by examining either the Parable of the Rich Man and Lazarus (Luke 16: 19-31 ) or Jesus' warning regarding the scribes and the story of the women with two small coins (Luke 20: 45-21:4). The use of two "set texts" enables readers to understand how method makes a difference in the reading of the same text.
Author: W. Randolph Tate
Publisher: Baker Books
ISBN: 1441237100
Category : Religion
Languages : en
Pages : 357
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Book Description
This comprehensive exploration of the interpretive process, now available in paperback, has served as a successful textbook. It focuses on the three "worlds" of biblical interpretation--the world of the author, the world of the text, and the world of the reader--to help students develop an integrated hermeneutical strategy. The book offers clear explanations of interpretive approaches, which are supported by helpful biblical examples, and succinct synopses of various interpretive methods. Pedagogical aids include end-of-chapter review and study sections with key terms, study questions, and suggestions for further reading.
Author: Dvora Yanow
Publisher: Routledge
ISBN: 1317467353
Category : Political Science
Languages : en
Pages : 734
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Book Description
Exceptionally clear and well-written chapters provide engaging discussions of the methods of accessing, generating, and analyzing social science data, using methods ranging from reflexive historical analysis to critical ethnography. Reflecting on their own research experiences, the contributors offer an inside, applied perspective on how research topics, evidence, and methods intertwine to produce knowledge in the social sciences.
Author: W. Randolph Tate
Publisher: Baker Books
ISBN: 1441240365
Category : Religion
Languages : en
Pages : 934
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Book Description
This handbook provides a comprehensive guide to methods, terms, and concepts used by biblical interpreters. It offers students and non-specialists an accessible resource for understanding the complex vocabulary that accompanies serious biblical studies. Articles, arranged alphabetically, explain terminology associated with reading the Bible as literature, clarify the various methods Bible scholars use to study biblical texts, and illuminate how different interpretive approaches can contribute to our understanding. Article references and topical bibliographies point readers to resources for further study. This handbook, now updated and revised to be even more useful for students, was previously published as Interpreting the Bible: A Handbook of Terms and Methods. It is a suitable complement to any standard hermeneutics textbook.
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: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199750661
Category : Political Science
Languages : en
Pages : 272
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
