Purposive Interpretation In Law

Author : Aharon Barak
Publisher : Princeton University Press
Page : 444 pages
File Size : 44,5 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 : Aharon Barak
Publisher : Princeton University Press
Page : 444 pages
File Size : 43,6 Mb
Release : 2007-09-16
Category : Law
ISBN : 9780691133744

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Purposive Interpretation in Law by Aharon Barak Pdf

This book presents a comprehensive theory of legal interpretation which allows all legal texts to be approached in a similar manne, while remaining sensitive to their important differences.

Author : Aharon Barak
Publisher : Princeton University Press
Page : 460 pages
File Size : 46,7 Mb
Release : 2005
Category : Law
ISBN : 0691120072

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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 : Guy Davidov
Publisher : Oxford University Press
Page : 305 pages
File Size : 42,5 Mb
Release : 2016
Category : Law
ISBN : 9780198759034

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A Purposive Approach to Labour Law by Guy Davidov Pdf

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 : Pierre-André Côté
Publisher : Cownsville, Quʹebec : Editions Y. Blais
Page : 648 pages
File Size : 40,8 Mb
Release : 1991
Category : Law
ISBN : UIUC:30112054364374

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The Interpretation of Legislation in Canada by Pierre-André Côté Pdf

Author : Stéphane Beaulac
Publisher : Unknown
Page : 492 pages
File Size : 47,5 Mb
Release : 2008
Category : Civil rights
ISBN : 0433453389

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Handbook on Statutory Interpretation by Stéphane Beaulac Pdf

This book offers readers concise and user-friendly tools to help articulate the most powerful arguments to identify the legislative intent found in the statute. It provides: examples and illustrations from across Canada's federal and provincial jurisdictions; detailed analysis of the key judicial decisions and a table of cases that practitioners in particular will find extremely valuable, as well as a reproduction of both the Interpretation Act (Canada) and Interpretation Act (Quebec).

Author : Aharon Barak
Publisher : Princeton University Press
Page : 355 pages
File Size : 50,8 Mb
Release : 2009-01-10
Category : Law
ISBN : 9781400827046

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The Judge in a Democracy by Aharon Barak Pdf

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Author : Frank I. Michelman
Publisher : Princeton University Press
Page : 161 pages
File Size : 48,9 Mb
Release : 2005-01-17
Category : Law
ISBN : 9781400823369

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Brennan and Democracy by Frank I. Michelman Pdf

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.

Author : Ruth Sullivan
Publisher : LexisNexis
Page : 850 pages
File Size : 44,7 Mb
Release : 2014
Category : Law
ISBN : 0433471484

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Sullivan on the Construction of Statutes by Ruth Sullivan Pdf

Author : Andrew Burrows
Publisher : Cambridge University Press
Page : 165 pages
File Size : 53,7 Mb
Release : 2018-08-02
Category : Law
ISBN : 9781108475013

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Thinking About Statutes by Andrew Burrows Pdf

A practical and lively discussion of the English Law on statutes.

Author : Kafaltiya A.B.
Publisher : Universal Law Publishing
Page : 540 pages
File Size : 50,5 Mb
Release : 2008
Category : Law
ISBN : 8175346698

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Interpretation Of Statutes by Kafaltiya A.B. Pdf

Author : Cameron Hutchison
Publisher : Unknown
Page : 152 pages
File Size : 54,6 Mb
Release : 2018
Category : Law
ISBN : 0433494921

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The Fundamentals of Statutory Interpretation by Cameron Hutchison Pdf

"The modern principle is the official approach to statutory interpretation in Canada and is the foundation for the structure of this text. The modern principle focuses on the language of a statutory provision in light of its purpose, intent and context, and Hutchison devotes separate chapters to each of these aspects of statutory interpretation. The Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent. In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when legislation may interfere with "vested rights.""--Publisher's website.

Author : Michel Bastarache
Publisher : Unknown
Page : 216 pages
File Size : 40,6 Mb
Release : 2008
Category : Law
ISBN : 0433458453

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The Law of Bilingual Interpretation by Michel Bastarache Pdf

"Canadian lawyers, legal academics and particularly judges face a constant challenge when interpreting bilingual federal or, in some cases, provincial legislation. While statutes are drafted in a manner that aspires to have both versions mirror one another, in practice, dual versions are often open for different interpretations, a situation that can prove extremely problematic."--pub. desc.

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 42,6 Mb
Release : 2012
Category : Judicial process
ISBN : 031427555X

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Reading Law by Antonin Scalia,Bryan A. Garner Pdf

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.

Author : Robert A. Katzmann
Publisher : Oxford University Press
Page : 256 pages
File Size : 44,7 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780199362141

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Judging Statutes by Robert A. Katzmann Pdf

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.