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Word Meaning and Legal Interpretation by Christopher Mark Hutton Pdf
This book introduces ideas about word meaning in the context of law. It analyzes cases from common law jurisdictions that concern the meaning, definition and legal status of individual words, labels and categories. The focus is on the question of how law assigns authority over word meaning in different circumstances and in different domains of law.
Author : Brian G. Slocum Publisher : University of Chicago Press Page : 366 pages File Size : 47,6 Mb Release : 2015-12-22 Category : Language Arts & Disciplines ISBN : 9780226304854
Brian G. Slocum's Ordinary Meaning offers an extended legal-linguistic analysis of the eponymous interpretive doctrine. A centuries-old consensus exists among courts and legal scholars that words in legal texts should be interpreted in light of accepted standards of communication. Therefore the questions of what makes some meaning the ordinary one, and how the determinants of ordinary meaning are identified and conceptualized, are of crucial importance to the interpretation of legal texts. Arguing against reliance on acontextual dictionary definitions, Ordinary Meaning rigorously explores the contributions that specific context makes to meaning, along with linguistic phenomena such as indexicals and quantifiers. Slocum provides a theory and a robust general framework for how the determinants of ordinary meaning should be identified and developed.
A New Law-dictionary by Giles Jacob,Sir John Holt Pdf
Jacob, Giles. A New Law-Dictionary: Containing, The Interpretation and Definition of Words and Terms used in the Law; and Also the Whole Law, and the Practice Thereof, Under All the Heads and Titles of the Same. Together With Such Informations Relating Thereto, as Explain the History and Antiquity of the Law, and Our Manners, Customs, and Original Government. Collected and Abstracted From All Dictionaries, Abridgments, Institutes, Reports, Year-Books, Charters, Registers, Chronicles, and Histories, Published to This Time. And Fitted for the Use of Barristers, Students, and Practicioners of the Law, Members of Parliament, and Other Gentlemen, Justices of Peace, Clergymen, &c. The Fifth Edition, with Great Additions and Improvements, and the Law-Proceedings Done Into English. To Which is Annexed, a Table of References to All the Arguments and Resolutions of the Lord Chief Justice Holt; in the Several Volumes of the Reports. London: Printed by Henry Lintot, 1744. Unpaginated [828 pp.]. Printed in double columns. Folio (9" x 12"). Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-376-6. Cloth. $295. * Reprint of the fifth edition, which was the last published during the author's lifetime. As Cowley pointed out, the New Law-Dictionary (first edition, 1729) was both Jacob's masterpiece and "an entirely new departure in legal literature" that provided a model for several subsequent efforts. In contrast to earlier works, each entry summarizes all of the laws relating to the subject and offers extensive interpretive commentary. Jacob [1686-1744] was also careful to omit obsolete terms. It was recognized almost immediately that Jacob had created a highly useful legal encyclopedia that was both more detailed and concise than any other abridgment of the period. An extremely popular work that went through twelve editions by 1800, it offers unparalleled insights into Anglo-American law during the eighteenth century. Cowley, A Bibliography of Abridgements, Digests, Dictionaries and Indexes to the Year 1800 xc-xci, 244.
A Dictionary of Statutory Interpretation by William D. Popkin Pdf
Statutory interpretation has become the most commonly-required skill of the modern lawyer. A Dictionary of Statutory Interpretation provides a ready reference to the important terms and ideas that arise in connection with determining the meaning of legislation. Chapter 1 includes over 100 entries, including the following: ambiguity the absurdity canon linguistic and substantive canons legislative intent legislative purpose legislative history textualism Legal Realism Law and Economics Each entry includes a definition, an explanation of the relevance of the term and ideas for statutory interpretation, some history about its use, and a concise discussion of contemporary issues. The author expresses his point of view in the discussion of these issues - which is generally skeptical about textualism - but presents all sides of the debate. A "reference" section allows for further research on each subject. Chapter 2 includes over 35 famous quotations dealing with the interpretation of statutes, along with historical and critical commentary. The entries include Learned Hand, Holmes, Calabresi, Posner, Easterbrook, Pound, Blackstone, etc. The book will be useful for lawyers, judges, law professors, and law students who want an entry into the contemporary debate about how to interpret legislation, along with an insight into what is at stake in those debates. "...filled with usefully extended treatments of important and interesting legal terms." -- The Green Bag "This book will be a useful tool for readers or libraries needing a good single-volume guide to statutory interpretation. Summing up: Highly recommended." -- CHOICE "Librarians and researchers . . . should consider A Dictionary of Statutory Interpretation an essential reference work (for a very affordable price). . . . [It] will likely become a go-to resource when quick but in-depth analysis of a statutory interpretation question is sought." -- Legal Information Alert, (Volume 26, Issue #9), Alert Publications, Inc., Chicago, IL. www.alertpub.com
Interpretation and Legal Theory by Andrei Marmor Pdf
This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
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.
A New Law Dictionary Containing the Interpretation and Definition of Words and Terms Used in the Law, and Also the Whole Law Etc by Giles Jacob Pdf
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Excerpt from A New Law Dictionary: Containing, the Interpretation and Definition of Words and Terms Used in the Law; And Also the Whole Law, and the Practice Thereof, Under All the Heads and Titles of the Same As for what I have already written, a prndent Author will commonly attempt many of the fmaller Matters, hy Way of Trial of his Abilities, and See their Sacceji, he will have Courage to eventare npon Larger; and if] what hath fallen in my Way, it would. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Brian G. Slocum Publisher : University of Chicago Press Page : 299 pages File Size : 51,8 Mb Release : 2017-05-17 Category : Law ISBN : 9780226445021
The Nature of Legal Interpretation by Brian G. Slocum Pdf
"Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless--we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? ... [Contributors] argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly ... analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts."--
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.
Linguistics for Legal Interpretation by Terrence R Carney Pdf
Linguistics for Legal Interpretation is a language resource for scholars and practitioners of law who engage and work with statutory interpretation. It draws on lexical semantics, pragmatics and sociolinguistics to both understand and solve language challenges central to the interpretation effort. In addition, this book offers best practice guidelines for dictionary use as well as an introduction to corpus linguistic methods to assist legal interpreters in determining either ordinary or technical meaning. The book illustrates the various language tools and devices by applying them to case law and legislation, and it does so in an accessible style of writing. Terrence R Carney is Associate Professor of Afrikaans Linguistics at the University of South Africa. He specialises in the language of law.
Author : Emma Borg,Lecturer in Philosophy Emma Borg Publisher : Oxford University Press Page : 299 pages File Size : 53,9 Mb Release : 2004 Category : Language Arts & Disciplines ISBN : 9780199270255
Minimal Semantics by Emma Borg,Lecturer in Philosophy Emma Borg Pdf
For those who ask what the purpose is of a theory of literal linguistic meaning, Borg argues for a minimal answer in order not to confuse understanding of language with communication. She also explores the implications of this stance.
Author : Lawrence Solan Publisher : University of Chicago Press Page : 300 pages File Size : 55,8 Mb Release : 2010-12 Category : Language Arts & Disciplines ISBN : 9780226767963
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.
