Interpretation, Law and the Construction of Meaning

Interpretation, Law and the Construction of Meaning
Title Interpretation, Law and the Construction of Meaning PDF eBook
Author Anne Wagner
Publisher Springer Science & Business Media
Total Pages 225
Release 2007-05-16
Genre Law
ISBN 1402053207

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The study of legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. New problems, changing power structures and societal norms and new faces of injustice – all these force reconsideration, reformulation and even replacement of established doctrines. This book focuses on the application of law in a wide variety of contexts, including international politics and diplomatic practice.

Statutory Construction and Interpretation

Statutory Construction and Interpretation
Title Statutory Construction and Interpretation PDF eBook
Author
Publisher The Capitol Net Inc
Total Pages 319
Release 2010-06-15
Genre Law
ISBN 1587332132

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This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.

Judging Statutes

Judging Statutes
Title Judging Statutes PDF eBook
Author Robert A. Katzmann
Publisher Oxford University Press
Total Pages 256
Release 2014-08-14
Genre Law
ISBN 0199362149

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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.

Reading Law

Reading Law
Title Reading Law PDF eBook
Author Antonin Scalia
Publisher West Publishing Company
Total Pages 0
Release 2012
Genre Judicial process
ISBN 9780314275554

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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.

Handbook on the Construction and Interpretation of the Laws

Handbook on the Construction and Interpretation of the Laws
Title Handbook on the Construction and Interpretation of the Laws PDF eBook
Author Henry Campbell Black
Publisher Franklin Classics Trade Press
Total Pages 766
Release 2018-10-21
Genre
ISBN 9780343904074

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Statutes and Statutory Construction

Statutes and Statutory Construction
Title Statutes and Statutory Construction PDF eBook
Author Jabez Gridley Sutherland
Publisher
Total Pages 880
Release 1904
Genre Law
ISBN

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A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law

A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law
Title A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law PDF eBook
Author Theodore Sedgwick
Publisher
Total Pages 750
Release 1874
Genre Constitutional law
ISBN

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