Reading And The Law

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 50,9 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 : Marco Wan
Publisher : Routledge
Page : 258 pages
File Size : 51,8 Mb
Release : 2012-08-06
Category : Law
ISBN : 9781136328848

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Reading The Legal Case by Marco Wan Pdf

This volume examines the nature, function, development and epistemological assumptions of the legal case in an interdisciplinary context. Using the question of ‘reading’ as a guiding principle, it opens up new ways of understanding case law and the doctrine of precedent by bringing the law into dialogue with the humanities. What happens when a legal case is read not only by lawyers, but by literary critics, by linguists, by philosophers, or by historians? How do film makers and writers adapt and transform legal cases in their work? How might one interpret fiction in the context of the historical development of the common law? The essays in this volume test the boundaries of the legal case as a genre by inviting perspectives from other disciplines, and in doing so also raise more fundamental questions of what constitutes law and legal thinking. This book will be of interest to anyone seeking a better understanding of the common law, the humanities, and the intersection between them.

Author : Ruth Ann McKinney
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 2012
Category : Law
ISBN : 1611631106

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Reading Like a Lawyer by Ruth Ann McKinney Pdf

Please note that the supplemental materials website has moved to caplaw.com/rll Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what that chapter has taught. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author. For faculty, Reading Like a Lawyer includes a separate teacher's manual and a faculty website with a powerpoint that mirrors the book's principle lessons.

Author : Peter Goodrich
Publisher : Wiley-Blackwell
Page : 229 pages
File Size : 51,6 Mb
Release : 1986-01-01
Category : Droit - Grande-Bretagne
ISBN : 0631146318

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Reading the Law by Peter Goodrich Pdf

Author : Assnat Bartor
Publisher : Society of Biblical Lit
Page : 231 pages
File Size : 51,9 Mb
Release : 2010
Category : Language Arts & Disciplines
ISBN : 9781589834804

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Reading Law as Narrative by Assnat Bartor Pdf

Casuistic or case law in the Pentateuch deals with real human affairs; each case law entails a compressed story that can encourage reader engagement with seemingly "dry" legal text. This book is the first to present an interpretive method integrating biblical law, jurisprudence, and literary theory, reflecting the current "law and literature" school within legal studies. It identifies the narrative elements that exist in the laws of the Pentateuch, exposes the narrative techniques employed by the authors, and discovers the poetics of biblical law, thus revealing new or previously unconsidered aspects of the relationship between law and narrative in the Bible

Author : Ruth Margaret Buchanan,Stewart John Motha,Sundhya Pahuja
Publisher : Routledge
Page : 233 pages
File Size : 55,5 Mb
Release : 2012
Category : Law
ISBN : 9780415568548

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Reading Modern Law by Ruth Margaret Buchanan,Stewart John Motha,Sundhya Pahuja Pdf

Reading Modern Law addresses the identification and elaboration of a critical methodology for reading and writing about law in modernity.

Author : Hang Wu Tang,Michael Yew Meng Hor,Nicholas Poon
Publisher : Unknown
Page : 258 pages
File Size : 40,7 Mb
Release : 2014
Category : Law
ISBN : 9814406805

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Reading Law in Singapore by Hang Wu Tang,Michael Yew Meng Hor,Nicholas Poon Pdf

Author : Lisa A. Tucker
Publisher : Cornell University Press
Page : 334 pages
File Size : 46,5 Mb
Release : 2020-10-15
Category : Law
ISBN : 9781501752223

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Hamilton and the Law by Lisa A. Tucker Pdf

Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. Hamilton and the Law offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. A star-powered cast of legal minds—from two former U.S. solicitors general to leading commentators on culture and society—contribute brief and engaging magazine-style articles to this lively book. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.

Author : Christine L. Krueger
Publisher : University of Virginia Press
Page : 320 pages
File Size : 51,5 Mb
Release : 2010-04-15
Category : Literary Criticism
ISBN : 9780813928975

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Reading for the Law by Christine L. Krueger Pdf

Taking her title from the British term for legal study, "to read for the law," Christine L. Krueger asks how "reading for the law" as literary history contributes to the progressive educational purposes of the Law and Literature movement. She argues that a multidisciplinary "historical narrative jurisprudence" strengthens narrative legal theorists' claims for the transformative powers of stories by replacing an ahistorical opposition between literature and law with a history of their interdependence, and their embeddedness in print culture. Focusing on gender and feminist advocacy in the long nineteenth century, Reading for the Law demonstrates the relevance of literary history to feminist jurisprudence and suggests how literary history might contribute to other forms of "outsider jurisprudence." Krueger develops this argument across discussions of key jurisprudential concepts: precedent, agency, testimony, and motive. She draws from a wide range of literary, legal, and historical sources, from the early modern period through the Victorian age, as well as from contemporary literary, feminist, and legal theory. Topics considered include the legacy of witchcraft prosecutions, the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses and pro se litigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy. The saliency of the nineteenth-century British literary culture stems in part from its place in a politico-legal tradition that produces the very conditions of narrative legal theorists’ aspirations for meaningful social transformation in modern, multicultural democracies.

Author : Suneel Mehmi
Publisher : Routledge
Page : 306 pages
File Size : 52,5 Mb
Release : 2021-09-28
Category : History
ISBN : 9781000428629

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Law, Literature and the Power of Reading by Suneel Mehmi Pdf

At the intersection of law, literature and history, this book interrogates how a dominant contemporary idea of law emerged out of specific ideas of reading in the nineteenth century. Reading shapes our identities. How we read shapes who we are. Reading also shapes our conceptions of what the law is, because the law is also a practice of reading. Focusing on the works of key Victorian writers closely associated with legal practice, this book addresses the way in which the identity of the reader of law has been modelled on the identity of the political elite. At the same time, it shows how other readers of law have been marginalised. The book thus shows how a construction of the law has emerged from the ordering of a power that discriminates between different readers and readings. More specifically, and in response to the emerging media of photography – and, with it, potentially subversive ideas of exposure and visibility – the book shows that there have been dominant, hidden and unrecognised guides to legal reading and to legal thought. And in making these visible, the book also aims to make them contestable. This secret history of law will appeal to legal historians, legal theorists, those working at the intersection of law and literature and others with interests in law and the visual.

Author : James W. Watts
Publisher : A&C Black
Page : 191 pages
File Size : 52,5 Mb
Release : 1999-06-01
Category : Religion
ISBN : 9780567193339

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Reading Law by James W. Watts Pdf

Watts here argues that conventions of oral rhetoric were adapted to shape the literary form and contents of the Pentateuch. The large-scale structure-stories introducing lists of laws that conclude with divine sanctions-reproduces a common ancient strategy for persuasion. The laws' use of direct address, historical motivations and frequent repetitions serve rhetorical ends, and even the legal contradictions seem designed to appeal to competing constituencies. The instructional speeches of God and Moses reinforce the persuasive appeal by characterizing God as a just ruler and Moses as a faithful scribe. The Pentateuch was designed to persuade Persian-period Judaeans that this Torah should define their identity as Israel.

Author : Craig K. Mayfield
Publisher : MICHIE
Page : 216 pages
File Size : 49,9 Mb
Release : 1980
Category : Language Arts & Disciplines
ISBN : STANFORD:36105043744916

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Reading Skills for Law Students by Craig K. Mayfield Pdf

Author : Peter Charles Hoffer
Publisher : University Press of Kansas
Page : 246 pages
File Size : 52,8 Mb
Release : 2023-07-14
Category : Law
ISBN : 9780700635085

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Reading Law Forward by Peter Charles Hoffer Pdf

In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.

Author : Ruth Buchanan,Stewart Motha,Sundhya Pahuja
Publisher : Routledge
Page : 233 pages
File Size : 48,8 Mb
Release : 2012-05-31
Category : Law
ISBN : 9781136315275

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Reading Modern Law by Ruth Buchanan,Stewart Motha,Sundhya Pahuja Pdf

Reading Modern Law identifies and elaborates upon key critical methodologies for reading and writing about law in modernity. The force of law rests on determinate and localizable authorizations, as well as an expansive capacity to encompass what has not been pre-figured by an order of rules. The key question this dynamic of law raises is how legal forms might be deployed to confront and disrupt injustice. The urgency of this question must not eclipse the care its complexity demands. This book offers a critical methodology for addressing the many challenges thrown up by that question, whilst testifying to its complexity. The essays in this volume - engagements direct or oblique, with the work of Peter Fitzpatrick - chart a mode of resisting the proliferation of social scientific methods, as much as geo-political empire. The authors elaborate a critical and interdisciplinary treatment of law and modernity, and outline the pivotal role of sovereignty in contemporary formations of power, both national and international. From various overlapping vantage points, therefore, Reading Modern Law interrogates law's relationship to power, as well as its relationship to the critical work of reading and writing about law in modernity.

Author : Ruth Ann McKinney
Publisher : Carolina Academic Press LLC
Page : 0 pages
File Size : 43,6 Mb
Release : 2022
Category : Law
ISBN : 1531024866

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Reading Like a Lawyer by Ruth Ann McKinney Pdf

The supplemental materials website containing feedback to the end-of-chapter exercises has been changed to www.caplaw.com/rll From Reading Like a Lawyer: "Just as storytelling is rooted in a rich oral history, and art is rooted in a rich visual history, law is rooted in a rich history of the written word. . . . the development of law rests primarily on written precedent and written rules housed in centuries of court opinions and statute books. To be understood, law has to be read, and read well." Written in an engaging style and full of real-life examples, Reading Like a Lawyer approaches the topic of reading law with contagious enthusiasm and an abiding respect for the importance of learning to read law well. Now in its third edition, Reading Like a Lawyer enjoys a fresh new look and continues to include practice exercises at the end of each chapter and an accompanying website that allows students to test their growing knowledge about legal reading against that of the author. Written for law students, pre-law students, paralegals, and the public, Reading Like a Lawyer uses active learning principles to help readers adapt their incoming reading skills to the skills needed to succeed in law: how to read legal casebooks and engage confidently in class; how to use assigned reading and class time to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material (statutes) accurately; and how to make wise reading choices online. For faculty, Reading Like a Lawyer includes a separate teacher's manual with ideas for using the book and its examples with individuals and groups, a list of additional cases for more student practice, and access to a Powerpoint they can use to illustrate the book's principle lessons. Included on the American Bar Association's "Summer Syllabus: List of Books to Read Before the Start of Law School," Student Lawyer magazine, June 2019, Reading Like a Lawyer can be assigned in a class setting or as a recommended summer read, or can be read independently by anyone who has ever wondered, "how do lawyers read the law?"