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Some Reflections on the Reading of Statutes
Interpreting Statutes
Author: Suzanne Corcoran
Publisher: Federation Press
Published: 2005
Total Pages: 358
ISBN-13: 9781862875562
DOWNLOAD EBOOK →Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
Federalism
Author: Anthony J. Bellia Jr.
Publisher: Aspen Publishing
Published: 2017-01-10
Total Pages: 765
ISBN-13: 1454887699
DOWNLOAD EBOOK →This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism
Routledge Library Editions: Logic
Author: Various
Publisher: Routledge
Published: 2021-09-30
Total Pages: 4814
ISBN-13: 1000518469
DOWNLOAD EBOOK →Reissuing works originally published between 1931 and 1990, this set of twenty-four books covers the full range of the philosophy of logic, from introductions to logic, to calculus and mathematical logic, to logic in language and linguistics and logical reasoning in law and ethics. An international array of authors are represented in this comprehensive collection.
The Logic of Choice
Author: Gidon Gottlieb
Publisher: Routledge
Published: 2019-10-30
Total Pages: 231
ISBN-13: 1000735540
DOWNLOAD EBOOK →Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.
Foreign Relations Law
Author: Curtis A. Bradley
Publisher: Aspen Publishing
Published: 2024
Total Pages: 884
ISBN-13:
DOWNLOAD EBOOK →"Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--
Judicial Approach to Interpretation of Constitution
Author: Ijaiya, Hakeem Olasunkanmi
Publisher: Malthouse Press
Published: 2017-05-05
Total Pages: 219
ISBN-13: 9789584466
DOWNLOAD EBOOK →This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.
Statutes in Court
Author: William D. Popkin
Publisher: Duke University Press
Published: 1999
Total Pages: 368
ISBN-13: 9780822323280
DOWNLOAD EBOOK →A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Drafting Federal Grant Statutes
Author: Administrative Conference of the United States. Office of the Chairman
Publisher:
Published: 1990
Total Pages: 300
ISBN-13:
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