Author: William D. Popkin Publisher: ISBN: Category : Law Languages : en Pages : 380
Book Description
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
Author: Douglas Walton Publisher: Cambridge University Press ISBN: 1108429343 Category : Law Languages : en Pages : 347
Book Description
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Author: Antonin Scalia Publisher: West Publishing Company ISBN: 9780314275554 Category : Judicial process Languages : en Pages : 0
Book Description
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: Publisher: The Capitol Net Inc ISBN: 1587332132 Category : Law Languages : en Pages : 319
Book Description
This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.
Author: Bryan A. Garner Publisher: Oxford University Press, USA ISBN: 9780195142365 Category : Business & Economics Languages : en Pages : 990
Book Description
A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.
Author: Christopher Hutton Publisher: Edinburgh University Press ISBN: 0748633529 Category : Language Arts & Disciplines Languages : en Pages : 256
Book Description
Language, Meaning and the Law offers an accessible, critical guide to debates about linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for considering fundamental questions relating to how we assign meanings to words, understand and comment on texts, and deal with socially and ideologically significant questions of interpretation. The book argues that theoretical issues of concern to linguists, philosophers, literary theorists and others are illuminated by the demands of the legal context, since law is driven by the need for practical solutions and for determinate outcomes based on explicit reasoning. Topics covered include: the relationship of linguistics to legal theory, indeterminacy and statutory interpretation, the theory and practice of using dictionaries in law, defamation and language in the public sphere, and the distinction between perjury and deception. This book does not assume specialist knowledge of the field, and is designed as a self-contained, advanced introduction to a fascinating area of study. The reader will gain an overall insight into issues and debates about meaning and interpretation, as well as an understanding of how these questions are shaped by the legal context.
Author: Robert A. Katzmann Publisher: Oxford University Press ISBN: 0199362149 Category : Law Languages : en Pages : 256
Book Description
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: Publisher: Penguin Putnam ISBN: Category : Reference Languages : en Pages : 1704
Book Description
The Oxford American College Dictionaryis completely new, based on the New Oxford American Dictionary, which was published in October 2001. Drawing on Oxford's unparalleled language resources, including a 200-million-word database, this college dictionary contains: * more than 175,000 entries and more than 1000 illustrations, including line drawings, photographs and maps * boxed quotes from famous writers, demonstrating word usage and style * country guides-shaded boxes highlighting the most important geographical information on more than 180 countries-with maps * "core sense" organization of definitions, a brand-new and utterly sensible plan in which subordinate definitions flow logically from primary ones, and the most important usage of the word comes first * thumb index tabs for easy searching
Author: William D. Popkin
Author: Douglas Walton
Author: Antonin Scalia
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Author: Bryan A. Garner
Author: Christopher Hutton
Author: Robert A. Katzmann
Author: Michelle Sanson
Author: Kafaltiya A.B.
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