Methods Of Interpretation

Author : Lackland H. Bloom (Jr.)
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.98/5 ( download)

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Download or read book Methods of Interpretation written by Lackland H. Bloom (Jr.) and published by . This book was released on 2009 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methods of Interpretation: How the Supreme Court Reads the Constitution examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases. He identifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices. Professor Bloom pays particular focus on the Supreme Court's approaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.

Author : Aharon Barak
Publisher : Princeton University Press
ISBN 13 : 1400841267
Total Pages : 444 pages
Book Rating : 4.64/5 ( download)

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Download or read book Purposive Interpretation in Law written by Aharon Barak and published by Princeton University Press. This book was released on 2011-10-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.

Author :
Publisher :
ISBN 13 : 9780687037063
Total Pages : 0 pages
Book Rating : 4.69/5 ( download)

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Download or read book Methods of Biblical Interpretation written by and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Methods of Biblical Interpretation is a valuable reference tool for all students of biblical interpretation and a highly useful supplemental text for the seminary classroom, the graduate seminar, and upper-level undergraduate courses."--BOOK JACKET.

Author : Julio C. Cueto-Rua
Publisher : Publications Institute Paul M. Hebert Law Center Louisiana S
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.66/5 ( download)

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Download or read book Judicial Methods of Interpretation of the Law written by Julio C. Cueto-Rua and published by Publications Institute Paul M. Hebert Law Center Louisiana S. This book was released on 1981 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : W. Randolph Tate
Publisher : Baker Books
ISBN 13 : 1441240365
Total Pages : 934 pages
Book Rating : 4.61/5 ( download)

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Download or read book Handbook for Biblical Interpretation written by W. Randolph Tate and published by Baker Books. This book was released on 2012-11-01 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a comprehensive guide to methods, terms, and concepts used by biblical interpreters. It offers students and non-specialists an accessible resource for understanding the complex vocabulary that accompanies serious biblical studies. Articles, arranged alphabetically, explain terminology associated with reading the Bible as literature, clarify the various methods Bible scholars use to study biblical texts, and illuminate how different interpretive approaches can contribute to our understanding. Article references and topical bibliographies point readers to resources for further study. This handbook, now updated and revised to be even more useful for students, was previously published as Interpreting the Bible: A Handbook of Terms and Methods. It is a suitable complement to any standard hermeneutics textbook.

Author : Dvora Yanow
Publisher : Routledge
ISBN 13 : 1317467353
Total Pages : 734 pages
Book Rating : 4.59/5 ( download)

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Download or read book Interpretation and Method written by Dvora Yanow and published by Routledge. This book was released on 2015-03-04 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exceptionally clear and well-written chapters provide engaging discussions of the methods of accessing, generating, and analyzing social science data, using methods ranging from reflexive historical analysis to critical ethnography. Reflecting on their own research experiences, the contributors offer an inside, applied perspective on how research topics, evidence, and methods intertwine to produce knowledge in the social sciences.

Author : W. Randolph Tate
Publisher : Baker Books
ISBN 13 : 1441237100
Total Pages : 357 pages
Book Rating : 4.01/5 ( download)

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Download or read book Biblical Interpretation written by W. Randolph Tate and published by Baker Books. This book was released on 2008-05-01 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive exploration of the interpretive process, now available in paperback, has served as a successful textbook. It focuses on the three "worlds" of biblical interpretation--the world of the author, the world of the text, and the world of the reader--to help students develop an integrated hermeneutical strategy. The book offers clear explanations of interpretive approaches, which are supported by helpful biblical examples, and succinct synopses of various interpretive methods. Pedagogical aids include end-of-chapter review and study sections with key terms, study questions, and suggestions for further reading.

Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0199842434
Total Pages : 368 pages
Book Rating : 4.38/5 ( download)

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Download or read book Legal Interpretation: Perspectives from Other Disciplines and Private Texts written by Kent Greenawalt and published by Oxford University Press. This book was released on 2010-10-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalts meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.

Author : Stéphane Beaulac
Publisher :
ISBN 13 : 9780433453383
Total Pages : 492 pages
Book Rating : 4.89/5 ( download)

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Download or read book Handbook on Statutory Interpretation written by Stéphane Beaulac and published by . This book was released on 2008 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199750661
Total Pages : 272 pages
Book Rating : 4.65/5 ( download)

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Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.