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Author : E. A. Kellaway
Publisher : MICHIE
ISBN 13 :
Total Pages : 788 pages
Book Rating : 4.39/5 ( download)
Download or read book Principles of Legal Interpretation of Statutes, Contracts and Wills written by E. A. Kellaway and published by MICHIE. This book was released on 1995 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Edmundson Alexander
Publisher :
ISBN 13 :
Total Pages : 900 pages
Book Rating : 4.04/5 ( download)
Download or read book Commentaries on the Law of Wills written by John Edmundson Alexander and published by . This book was released on 1917 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : D. P. Mittal
Publisher : Taxmann Publications Pvt Ltd
ISBN 13 : 9788174967305
Total Pages : 1288 pages
Book Rating : 4.03/5 ( download)
Download or read book Interpretation of Statutes written by D. P. Mittal and published by Taxmann Publications Pvt Ltd. This book was released on 2005 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authentic and classic commentary on various principles governing interpretation/construction of statutes, wills, deeds, documents, agreements and contracts, drawn from decisions of Indian and foreign courts. It comprehensively deals with law as enacted by competent Legislature or as made by Authority or as declared or expressed by courts.It deals with- - legislative enactments, their reasonableness, non-arbitrariness, legislative competence, as also fairness and justness in their execution in the manner and purpose the Legislature has intended; - judge-made law and rule of precedents; - subordinate legislation such as rules, notifications, circulars and instructions; - rules of interpretation - literal, golden and purposive rule; - aids to interpretation - internal aids such as definitions, headings, marginal notes, preamble, provisos, explanations, punctuations, saving c clauses, non obstante clauses, etc.; external aids such as dictionaries, earlier Acts, history of legislation, Parliamentary proceedings, state of law as it existed when the Act was passed, the mischief sought to be redressed and remedy sought to be advanced; - interpretation of judgments; - interpretation of deeds, documents, agreements, contracts and wills; - powers, functions (legislative and executive), duties and limitations of administrative authorities; - concepts and doctrnies established by courts against arbitrariness, perversity and unreasonableness, namely, concept of proper exercise of discretionary power, natural justice, promissory estoppel, judicial review, writs, res judicata, mens rea, rules of evidence, etc.
Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314275554
Total Pages : 0 pages
Book Rating : 4.5X/5 ( download)
Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Aharon Barak
Publisher : Princeton University Press
ISBN 13 : 1400841267
Total Pages : 444 pages
Book Rating : 4.64/5 ( download)
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 : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 256 pages
Book Rating : 4.41/5 ( download)
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : United States
Publisher :
ISBN 13 :
Total Pages : 1508 pages
Book Rating : 4.63/5 ( download)
Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Einer Elhauge
Publisher : Harvard University Press
ISBN 13 : 9780674033672
Total Pages : 406 pages
Book Rating : 4.71/5 ( download)
Download or read book Statutory Default Rules written by Einer Elhauge and published by Harvard University Press. This book was released on 2008-02-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Guido Calabresi
Publisher : Harvard University Press
ISBN 13 : 0674029151
Total Pages : 332 pages
Book Rating : 4.56/5 ( download)
Download or read book A Common Law for the Age of Statutes written by Guido Calabresi and published by Harvard University Press. This book was released on 2009-07-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
