Between Authority And Interpretation

Author : Joseph Raz
Publisher : OUP Oxford
Page : 432 pages
File Size : 49,9 Mb
Release : 2009-02-19
Category : Philosophy
ISBN : 9780191580345

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Between Authority and Interpretation by Joseph Raz Pdf

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Author : Kent Greenawalt
Publisher : Oxford University Press
Page : 402 pages
File Size : 50,7 Mb
Release : 2013
Category : Law
ISBN : 9780199756148

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Statutory and Common Law Interpretation by Kent Greenawalt Pdf

Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.

Author : Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publisher : Cambridge University Press
Page : 647 pages
File Size : 49,8 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316516898

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The Theory, Practice and Interpretation of Customary International Law by Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi Pdf

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Author : Jack Rogers,Donald K. McKim
Publisher : Wipf and Stock Publishers
Page : 564 pages
File Size : 42,6 Mb
Release : 1999-02-05
Category : Religion
ISBN : 9781725206519

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The Authority and Interpretation of the Bible by Jack Rogers,Donald K. McKim Pdf

This book is a detailed and comprehensive study of attitudes toward biblical authority and interpretation held from the beginnings of the Christian era to the present day. In clear and readable fashion, the authors examine the writings of early church fathers, the medieval exegetes, and the leaders of the Protestant Reformation to locate the source of, and refute, the position of inerrancy.

Author : Joseph Raz
Publisher : Oxford University Press, USA
Page : 212 pages
File Size : 42,6 Mb
Release : 1978
Category : Language Arts & Disciplines
ISBN : MINN:31951001154166E

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Practical Reasoning by Joseph Raz Pdf

Author : Larry Alexander
Publisher : Cambridge University Press
Page : 336 pages
File Size : 43,5 Mb
Release : 2001-02-26
Category : Law
ISBN : 0521799996

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Constitutionalism by Larry Alexander Pdf

A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation.

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 52,8 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Author : Andrea Bianchi,Daniel Peat,Matthew Windsor
Publisher : Unknown
Page : 433 pages
File Size : 54,8 Mb
Release : 2015
Category : International law
ISBN : 9780198725749

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Interpretation in International Law by Andrea Bianchi,Daniel Peat,Matthew Windsor Pdf

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Author : Jorge Luis Fabra-Zamora,Gonzalo Villa Rosas
Publisher : Springer Nature
Page : 315 pages
File Size : 53,8 Mb
Release : 2021-09-01
Category : Law
ISBN : 9783030788032

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Conceptual Jurisprudence by Jorge Luis Fabra-Zamora,Gonzalo Villa Rosas Pdf

This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Author : Larry Alexander,Kimberly Kessler Ferzan,Stephen J. Morse
Publisher : Cambridge University Press
Page : 375 pages
File Size : 40,7 Mb
Release : 2009-03-23
Category : Law
ISBN : 9780521518772

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Crime and Culpability by Larry Alexander,Kimberly Kessler Ferzan,Stephen J. Morse Pdf

This book presents a comprehensive theory of a culpability-based criminal law.

Author : Martire Jacopo Martire
Publisher : Edinburgh University Press
Page : 321 pages
File Size : 40,8 Mb
Release : 2017-07-07
Category : Philosophy
ISBN : 9781474411943

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Foucauldian Interpretation of Modern Law by Martire Jacopo Martire Pdf

This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power? Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.

Author : Andrei Marmor
Publisher : Bloomsbury Publishing
Page : 190 pages
File Size : 51,7 Mb
Release : 2005-04-25
Category : Law
ISBN : 9781847310873

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Interpretation and Legal Theory by Andrei Marmor Pdf

This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.

Author : Andrei Marmor
Publisher : Oxford University Press on Demand
Page : 463 pages
File Size : 43,8 Mb
Release : 1997
Category : Law
ISBN : 0198264879

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Law and Interpretation by Andrei Marmor Pdf

Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most distinguished scholars in the field. The collection assesses the role of legislative intent in the interpretation of statutes, and in determining legal standards. This collection will appeal not only to lawyers and to legal theorists, but to all scholars of legal discourse.

Author : Aharon Barak
Publisher : Princeton University Press
Page : 444 pages
File Size : 48,8 Mb
Release : 2011-10-16
Category : Law
ISBN : 9781400841264

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Purposive Interpretation in Law by Aharon Barak Pdf

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 : Douglas Walton,Fabrizio Macagno,Giovanni Sartor
Publisher : Cambridge University Press
Page : 347 pages
File Size : 45,5 Mb
Release : 2021-01-21
Category : Law
ISBN : 9781108429344

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Statutory Interpretation by Douglas Walton,Fabrizio Macagno,Giovanni Sartor Pdf

Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.