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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: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400841267
Category : Law
Languages : en
Pages : 444
Get Book
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: Donald James Gifford
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Examination of the general approaches to statutory interpretation, with a detailed focus on the rules developed by the courts. Leading authorities and representative cases relating to those rules are included. The author teaches law at rhe University of Queensland.
Author: John Kobina Edzie
Publisher:
ISBN: 9789988864453
Category :
Languages : en
Pages : 1260
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Book Description
Author: William D. Popkin
Publisher: Duke University Press
ISBN: 9780822323280
Category : Law
Languages : en
Pages : 368
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Book Description
A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Author: Sarah Worthington
Publisher: Hart Publishing
ISBN: 1841134384
Category : Law
Languages : en
Pages : 711
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Book Description
This book contains essays by legal experts which aim to prompt a critical and constructive reassessment of current commercial law and its practices.
Author: Aharon Barak
Publisher: Cambridge University Press
ISBN: 1316240983
Category : Political Science
Languages : en
Pages :
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Book Description
Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.
Author: Guy Davidov
Publisher: Oxford University Press
ISBN: 0198759037
Category : Law
Languages : en
Pages : 305
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Book Description
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
Author: D. P. Mittal
Publisher: Taxmann Publications Pvt Ltd
ISBN: 9788174967305
Category :
Languages : en
Pages : 1288
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Book Description
An authentic and classic commentary on various principles governing interpretation/construction of statutes, wills, deeds, documents, agreements and contracts, drawn from decisions of Indian and foreign courts. It comprehensively deals with law as enacted by competent Legislature or as made by Authority or as declared or expressed by courts.It deals with- - legislative enactments, their reasonableness, non-arbitrariness, legislative competence, as also fairness and justness in their execution in the manner and purpose the Legislature has intended; - judge-made law and rule of precedents; - subordinate legislation such as rules, notifications, circulars and instructions; - rules of interpretation - literal, golden and purposive rule; - aids to interpretation - internal aids such as definitions, headings, marginal notes, preamble, provisos, explanations, punctuations, saving c clauses, non obstante clauses, etc.; external aids such as dictionaries, earlier Acts, history of legislation, Parliamentary proceedings, state of law as it existed when the Act was passed, the mischief sought to be redressed and remedy sought to be advanced; - interpretation of judgments; - interpretation of deeds, documents, agreements, contracts and wills; - powers, functions (legislative and executive), duties and limitations of administrative authorities; - concepts and doctrnies established by courts against arbitrariness, perversity and unreasonableness, namely, concept of proper exercise of discretionary power, natural justice, promissory estoppel, judicial review, writs, res judicata, mens rea, rules of evidence, etc.
Author: Kuźniacki, Błażej
Publisher: Edward Elgar Publishing
ISBN: 1802206078
Category : Law
Languages : en
Pages : 385
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Book Description
This authoritative book provides a structural, global view of evolving judicial and doctrinal trends in the understanding of beneficial ownership in international taxation. Błażej Kuźniacki presents a route towards an international autonomous meaning of beneficial ownership, while also offering a comprehensive explanation of the divergent understandings and tax policy arguments underpinning its continuing ambiguity.
Author: Tom Allen
Publisher: Cambridge University Press
ISBN: 9780521583770
Category : Law
Languages : en
Pages : 302
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Book Description
Practical, theoretical and historical approach to constitutional rights to property in Commonwealth countries.
