Between Authority and Interpretation
Between Authority and Interpretation

Author: Joseph Raz

Publisher: OUP Oxford

Published: 2009-02-19

Total Pages: 432

ISBN-13: 0191580341

DOWNLOAD EBOOK

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Statutory and Common Law Interpretation
Statutory and Common Law Interpretation

Author: Kent Greenawalt

Publisher: Oxford University Press

Published: 2013

Total Pages: 402

ISBN-13: 0199756147

DOWNLOAD EBOOK

Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.

The Concept of Law
The Concept of Law

Author: HLA Hart

Publisher: OUP Oxford

Published: 2012-10-25

Total Pages: 390

ISBN-13: 0191630071

DOWNLOAD EBOOK

Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.

Interpretation in International Law
Interpretation in International Law

Author: Andrea Bianchi

Publisher:

Published: 2015

Total Pages: 433

ISBN-13: 0198725744

DOWNLOAD EBOOK

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Legislative Authority and Interpretation in the European Union
Legislative Authority and Interpretation in the European Union

Author: Martijn van den Brink

Publisher: Oxford University Press

Published: 2024-07-16

Total Pages: 273

ISBN-13: 0198900090

DOWNLOAD EBOOK

Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.

A Matter of Interpretation
A Matter of Interpretation

Author: Elizabeth Mac Donald

Publisher:

Published: 2021-06

Total Pages: 400

ISBN-13: 9781912054725

DOWNLOAD EBOOK

It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.

Constitutionalism
Constitutionalism

Author: Larry Alexander

Publisher: Cambridge University Press

Published: 2001-02-26

Total Pages: 336

ISBN-13: 9780521799997

DOWNLOAD EBOOK

A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation.

The Authority and Interpretation of the Bible
The Authority and Interpretation of the Bible

Author: Jack Rogers

Publisher: Wipf and Stock Publishers

Published: 1999-02-05

Total Pages: 564

ISBN-13: 172520651X

DOWNLOAD EBOOK

This book is a detailed and comprehensive study of attitudes toward biblical authority and interpretation held from the beginnings of the Christian era to the present day. In clear and readable fashion, the authors examine the writings of early church fathers, the medieval exegetes, and the leaders of the Protestant Reformation to locate the source of, and refute, the position of inerrancy.

Reading Law
Reading Law

Author: Antonin Scalia

Publisher: West Publishing Company

Published: 2012

Total Pages: 0

ISBN-13: 9780314275554

DOWNLOAD EBOOK

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.