Reading Law

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 55,9 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 : 55,8 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 : 54,7 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 : James W. Watts
Publisher : A&C Black
Page : 191 pages
File Size : 40,5 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 : Peter Charles Hoffer
Publisher : University Press of Kansas
Page : 246 pages
File Size : 41,8 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 : Assnat Bartor
Publisher : Society of Biblical Lit
Page : 231 pages
File Size : 46,6 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 : Scott Turow
Publisher : Farrar, Straus and Giroux
Page : 336 pages
File Size : 41,7 Mb
Release : 2010-08-03
Category : Biography & Autobiography
ISBN : 9781429939560

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One L by Scott Turow Pdf

One L, Scott Turow's journal of his first year at law school and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and thought-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.

Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 54,8 Mb
Release : 1999
Category : Law
ISBN : 9780198265573

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Freedom's Law by Ronald Dworkin Pdf

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Author : Ruth Margaret Buchanan,Stewart John Motha,Sundhya Pahuja
Publisher : Routledge
Page : 233 pages
File Size : 55,9 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 : Hubert Treiber
Publisher : Oxford University Press
Page : 208 pages
File Size : 53,5 Mb
Release : 2020-08-20
Category : Law
ISBN : 9780192574237

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Reading Max Weber's Sociology of Law by Hubert Treiber Pdf

Reading Max Weber's Sociology of Law serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Weber's scholarship. It provides a solid and comprehensive introduction to Weber and sets out his main concepts. Drawing on recent research in the history of law, this book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. Hubert Treiber provides commentary in a manner informed both historically and sociologically. The book explores Weber's concepts in relation to the creation of laws between secular the religious powers. The book goes on to examine the codifications that were undertaken by Prussian absolutism and Napoleon in the Code Civil. It further covers Weber's thoughts on antiformal legal tendencies, issues that are still prevalent in law today. This text is no mere reiteration of Weber's concepts. The volume contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Treiber's introduction is much more than a simple guide through a complicated text. It is an important work in its own right and critical for any student of the sociology of law.

Author : Lawrence Lessig
Publisher : Oxford University Press
Page : 448 pages
File Size : 43,9 Mb
Release : 2019-04-03
Category : Law
ISBN : 9780190932565

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Fidelity & Constraint by Lawrence Lessig Pdf

The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Author : Suneel Mehmi
Publisher : Routledge
Page : 306 pages
File Size : 53,5 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 : Albert James Harno
Publisher : The Lawbook Exchange, Ltd.
Page : 220 pages
File Size : 44,7 Mb
Release : 2004
Category : Law
ISBN : 9781584774419

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Legal Education in the United States by Albert James Harno Pdf

Harno, Albert J. Legal Education in the U.S.: A Report Prepared for the Survey of the Legal Profession. San Francisco: Bancroft-Whitney Company, 1953. v, 211 pp. Reprint available August 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-441-X. Cloth. $70. * This concise yet detailed survey offers an excellent introduction to the history of American legal education from the colonial era to the 1950s. Its evolutionary perspective derives from one telling insight: "A social consciousness of the significance of law to a people is an attribute of a ripening civilization" (18). In succeeding chapters, Harno examines "Our English Heritage," "The Formative Period of American Legal Education," "Early American Law Schools and the Laissez Faire Period," "The Case Method," "Impact of Professional Organizations, Criticisms of Modern Legal Education," and "Legal Education-A Present Appraisement."

Author : American Library Association
Publisher : Unknown
Page : 16 pages
File Size : 47,6 Mb
Release : 1953
Category : Libraries
ISBN : UIUC:30112060168629

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The Freedom to Read by American Library Association Pdf

Author : Peter Goodrich
Publisher : Wiley-Blackwell
Page : 229 pages
File Size : 41,8 Mb
Release : 1986-01-01
Category : Droit - Grande-Bretagne
ISBN : 0631146318

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Reading the Law by Peter Goodrich Pdf