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Matters of Interpretation by Michael J. Nakkula,Sharon M. Ravitch Pdf
At the core of this orientation is an explicit acknowledgment that therapists and researchers are not objective observers, but instead bring values, judgments, and prejudices to every client interaction and to every act of psychological inquiry.
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
A Matter of Interpretation by Elizabeth Mac Donald Pdf
It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.
Figures of Interpretation by B.A.S.S. Meier-Lorente-Muth-Duchêne Pdf
This ground-breaking book assembles 31 portraits of people who interpret languages, cultures and situations, and offers graphic interpretations of their collective experience. Their individual stories are part of the larger history of interpreters, interpretation and interpretive readings, and they demonstrate how language intersects with race, class, gender and geopolitical inequalities. The book allows the unexpected to unfold by passing control from the writers to the reader, who will see connections and ruptures unfold between space, time and class while never losing sight of the materiality of living. Together and individually, the portraits tell a powerful story about the structure of contemporary society and the hierarchical distributions of power that permeate our lives.
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.
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.
The Fall of Interpretation by James K. A. Smith Pdf
In this provocative book James K. A. Smith, one of the most engaging Christian scholars of our day, offers an innovative approach to hermeneutics. The second edition of Smith's well-received debut book provides updated interaction with contemporary hermeneutical discussions and responds to criticisms.
David L. Petersen,Joel M. LeMon,Kent Harold Richards
Author : David L. Petersen,Joel M. LeMon,Kent Harold Richards Publisher : Society of Biblical Lit Page : 624 pages File Size : 47,6 Mb Release : 2009 Category : Religion ISBN : 9781589834446
Method Matters by David L. Petersen,Joel M. LeMon,Kent Harold Richards Pdf
As the field of biblical studies expands to accommodate new modes of inquiry, scholars are increasingly aware of the need for methodological clarity. David L. Petersens teaching, research, and service to the guild are marked by a commitment to such clarity. Thus, in honor of Petersens work, a cohort of distinguished colleagues presents this volume as an authoritative and up-to-date handbook of methods in Hebrew Bible scholarship. Readers will find focused discussions of traditional and newly emerging methods, including historical criticism, ideological criticism, and literary criticism, as well as numerous case studies that indicate how these approaches work and what insights they yield. Additionally, several essays provide a broad overview of the field by reflecting on the larger intellectual currents that have generated and guided contemporary biblical scholarship.The contributors are Yairah Amit, Pablo R. Andiach, Alan J. Avery-Peck, John Barton, Bruce C. Birch, Susan Brayford, William P. Brown, Walter Brueggemann, Mark K. George, William K. Gilders, John H. Hayes, Christopher B. Hays, Ralph W. Klein, Douglas A. Knight, Beatrice Lawrence, Joel M. LeMon, Christoph Levin, James Luther Mays, Dean McBride, Carol A. Newsom, Kirsten Nielsen, Martti Nissinen, Gail R. ODay, Thomas Rmer, C. L. Seow, Naomi Steinberg, Brent A. Strawn, Marvin A. Sweeney, Gene M. Tucker, and Robert R. Wilson.
In recent decades the explosive growth of globalization and regional integration has fuelled parallel growth in multilingual conferences. Although conference interpreting has come of age as a profession, interpreter training programs have had varied success, pointing to the need for an instructional manual which covers the subject comprehensively. This book seeks to fill that need by providing a structured syllabus and an overview of interpretation accompanied by exercises in various aspects of the art. It is meant to serve as a practical guide for interpreters and as a complement to interpreter training programs in the classroom and online, particularly those for students preparing for conference interpreting in international governmental and business settings. This expanded second edition includes additional exercises and provides direct links to a variety of web-based resources and practice speeches, also including additional language combinations.
Author : Carlos Fernández de Casadevante y Rom Publisher : Springer Science & Business Media Page : 325 pages File Size : 55,8 Mb Release : 2007-06-06 Category : Law ISBN : 9783540682073
Sovereignty and Interpretation of International Norms by Carlos Fernández de Casadevante y Rom Pdf
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
Invitation to Biblical Interpretation, 2nd ed. by Andreas Köstenberger Pdf
An authoritative guide to accurately interpreting and applying God's Word In this second edition of Invitation to Biblical Interpretation, Andreas Kostenberger leads the reader step-by-step through the process of interpreting and applying God's Word. The primary principle is the hermeneutical triad, which consists of history, literature, and theology. Readers are equipped to explore the historical background of a biblical passage, analyze its literary genre and features, and derive its theological meaning in light of the biblical canon. Numerous examples are provided throughout to illustrate the concepts. A concluding chapter provides direction on practical application, preaching, and helpful tools for Bible study. Additional features include key words and definitions at the end of each chapter, study questions, and practical exercises for applying the material. An appendix lists numerous resources for Bible study, including recommended commentaries for every book of the Bible. The second edition updates these resources, as well as the sources cited throughout, and includes a revised chapter on the Old Testament canon. Instructors, students, pastors, and anyone who desires to interpret Scripture accurately will find this volume to be an indispensable addition to their library.
How and why Books Matter by James Washington Watts Pdf
The iconic books project -- How books matter: three dimensions of scriptures -- Iconic books and texts -- Relic texts -- Iconic digital texts: how ritual makes virtual texts material -- Desecrated scriptures and the news media -- Ancient iconic texts -- Rival iconic texts: Ten Commandments monuments and the U.S. constitution -- Book aniconism: the codex, translation and beliefs about immaterial texts -- Mass literacy and scholarly expertise -- Why books matter: preservation and disposal
Presents four theories describing the limits of literary interpretation, challenging "the cancer of uncontrolled interpretation" that diminishes the meaning and the basis of communication. -- Back cover.
Matters of Testimony by Nicholas Chare,Dominic Williams Pdf
In 1944, members of the Sonderkommando—the “special squads,” composed almost exclusively of Jewish prisoners, who ensured the smooth operation of the gas chambers and had firsthand knowledge of the extermination process—buried on the grounds of Auschwitz-Birkenau a series of remarkable eyewitness accounts of Nazi genocide. This careful and penetrating study examines anew these “Scrolls of Auschwitz,” which were gradually recovered, in damaged and fragmentary form, in the years following the camp’s liberation. It painstakingly reconstructs their historical context and textual content, revealing complex literary works that resist narrow moral judgment and engage difficult questions about the limits of testimony.