The Language Of Statutes

Author : Lawrence Solan
Publisher : University of Chicago Press
Page : 300 pages
File Size : 52,6 Mb
Release : 2010-12
Category : Language Arts & Disciplines
ISBN : 9780226767963

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The Language of Statutes by Lawrence Solan Pdf

We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.

Author : Stéphane Beaulac
Publisher : Unknown
Page : 492 pages
File Size : 43,9 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 : Cameron Hutchison
Publisher : Unknown
Page : 152 pages
File Size : 49,9 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 : Kent Greenawalt
Publisher : Oxford University Press
Page : 402 pages
File Size : 41,7 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 : J.G. Sutherland
Publisher : Рипол Классик
Page : 871 pages
File Size : 47,7 Mb
Release : 1972
Category : History
ISBN : 9785876844613

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Statutes and statutory construction by J.G. Sutherland Pdf

Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.

Author : Elmer A. Driedger
Publisher : Butterworth-Heinemann
Page : 385 pages
File Size : 53,9 Mb
Release : 1983-01-01
Category : Law
ISBN : 0409828033

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The Construction of Statutes by Elmer A. Driedger Pdf

Author : Sir Peter Benson Maxwell
Publisher : Unknown
Page : 500 pages
File Size : 51,7 Mb
Release : 1875
Category : Law
ISBN : STANFORD:36105044048366

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On the Interpretation of Statutes by Sir Peter Benson Maxwell Pdf

Author : Robert A. Katzmann
Publisher : Oxford University Press
Page : 256 pages
File Size : 52,7 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.

Author : George Coode
Publisher : Kessinger Publishing
Page : 70 pages
File Size : 53,8 Mb
Release : 2008-10-01
Category : Law
ISBN : 1437030114

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On Legislative Expression by George Coode Pdf

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Author : Anu Lehto
Publisher : Unknown
Page : 404 pages
File Size : 55,9 Mb
Release : 2015
Category : Complexity (Linguistics)
ISBN : 9519040544

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The Genre of Early Modern English Statutes by Anu Lehto Pdf

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 44,6 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Ruth Sullivan
Publisher : Unknown
Page : 288 pages
File Size : 42,8 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105062953224

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Statutory Interpretation by Ruth Sullivan Pdf

This book deciphers the often confusing and contradictory rules for interpreting legal documents and explains the way these rules relate to each other. The book goes beyond the content of the rules and focuses on their strategic use in constructing arguments and justifying outcomes.

Author : Douglas Walton,Fabrizio Macagno,Giovanni Sartor
Publisher : Cambridge University Press
Page : 347 pages
File Size : 46,5 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.

Author : Anna Trosborg
Publisher : Gunter Narr Verlag
Page : 182 pages
File Size : 50,8 Mb
Release : 1997
Category : Discourse analysis
ISBN : 3823350897

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Rhetorical Strategies in Legal Language by Anna Trosborg Pdf

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 40,8 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.