The Nature of Legislative Intent by Richard Ekins

The Nature of Legislative Intent
  • Title : The Nature of Legislative Intent
  • Author : Richard Ekins
  • Publisher : OUP Oxford
  • ISBN Code : 019164594X
  • Pages : 320
  • Format : Pdf - ePub
  • Language : English
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Summary:

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.


The Nature of Legislative Intent by Richard Ekins

The Nature of Legislative Intent
  • Title : The Nature of Legislative Intent
  • Author : Richard Ekins
  • Publisher : OUP Oxford
  • ISBN Code : 0191645931
  • Pages : 320
  • Format : Pdf - ePub
  • Language : English
  • GET EBOOK

Summary:

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.


Elements of Legislation by Neil Duxbury

Elements of Legislation
  • Title : Elements of Legislation
  • Author : Neil Duxbury
  • Publisher : Cambridge University Press
  • ISBN Code : 1107021871
  • Pages : 249
  • Format : Pdf - ePub
  • Language : English
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Summary:

Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.


Purposive Interpretation in Law by Aharon Barak

Purposive Interpretation in Law
  • Title : Purposive Interpretation in Law
  • Author : Aharon Barak
  • Publisher : Princeton University Press
  • ISBN Code : 1400841267
  • Pages : 448
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


The Nature of Constitutional Rights by Richard H. Fallon Jr.

The Nature of Constitutional Rights
  • Title : The Nature of Constitutional Rights
  • Author : Richard H. Fallon Jr.
  • Publisher : Cambridge University Press
  • ISBN Code : 1108483267
  • Pages : 200
  • Format : Pdf - ePub
  • Language : English
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Summary:

Explains constitutional rights, how courts must identify them, and why their protections are more limited than most people think.


The Principle of Legality in Australia and New Zealand by Matthew Groves,Dan Meagher

The Principle of Legality in Australia and New Zealand
  • Title : The Principle of Legality in Australia and New Zealand
  • Author : Matthew Groves,Dan Meagher
  • Publisher :
  • ISBN Code : 9781760021252
  • Pages : 304
  • Format : Pdf - ePub
  • Language : English
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Summary:

In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that unless Parliament makes unmistakably clear its intention to curtail or abrogate a common law right, freedom or principle, the courts will not construe a statute as having that operation. As Lord Hoffmann famously observed, this "means that Parliament must squarely confront what it is doing and accept the political cost".The principle of legality is now central to the operation of Australian and New Zealand public law. Yet its content, methodology and scope remain elusive and has never been examined in detail. This book fills that gap by drawing together leading judges, practitioners and scholars to explore a range of interesting issues and challenges for the application of the principle of legality and its future trajectory: How does the principle operate? Which rights and freedoms fall within its scope and why? What is its relationship to the (so-called) common law bill of rights? Has proportionality a role to play in its application? How, if at all, does it differ from the presumption with international law? And in the construction of statutes does the principle serve to fulfil or frustrate the will of Parliament?


Theory of Legal Personhood by Visa A. J. Kurki

Theory of Legal Personhood
  • Title : Theory of Legal Personhood
  • Author : Visa A. J. Kurki
  • Publisher : Oxford University Press
  • ISBN Code : 0198844034
  • Pages : 224
  • Format : Pdf - ePub
  • Language : English
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Summary:

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.


Elements of Legislation by Neil Duxbury

Elements of Legislation
  • Title : Elements of Legislation
  • Author : Neil Duxbury
  • Publisher : Cambridge University Press
  • ISBN Code : 1107021871
  • Pages : 249
  • Format : Pdf - ePub
  • Language : English
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Summary:

Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.


A Matter of Interpretation by Antonin Scalia

A Matter of Interpretation
  • Title : A Matter of Interpretation
  • Author : Antonin Scalia
  • Publisher : Princeton University Press
  • ISBN Code : 0691174040
  • Pages : 200
  • Format : Pdf - ePub
  • Language : English
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Summary:

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.


Coercion and the Nature of Law by Kenneth Einar Himma

Coercion and the Nature of Law
  • Title : Coercion and the Nature of Law
  • Author : Kenneth Einar Himma
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198854935
  • Pages : 288
  • Format : Pdf - ePub
  • Language : English
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Summary:

The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.


Some Reflections on the Reading of Statutes by Felix Frankfurter

Some Reflections on the Reading of Statutes
  • Title : Some Reflections on the Reading of Statutes
  • Author : Felix Frankfurter
  • Publisher :
  • ISBN Code :
  • Pages : 29
  • Format : Pdf - ePub
  • Language : English
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Summary:


Judging Statutes by Robert A. Katzmann

Judging Statutes
  • Title : Judging Statutes
  • Author : Robert A. Katzmann
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0199362130
  • Pages : 171
  • Format : Pdf - ePub
  • Language : English
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Summary:

In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? 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, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look 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-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.


Interpreting Statutes by Suzanne Corcoran,Stephen Bottomley

Interpreting Statutes
  • Title : Interpreting Statutes
  • Author : Suzanne Corcoran,Stephen Bottomley
  • Publisher : Federation Press
  • ISBN Code : 9781862875562
  • Pages : 330
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Legislative Intent and Other Essays on Law, Politics, and Morality by Gerald Cushing MacCallum

Legislative Intent and Other Essays on Law, Politics, and Morality
  • Title : Legislative Intent and Other Essays on Law, Politics, and Morality
  • Author : Gerald Cushing MacCallum
  • Publisher : Univ of Wisconsin Press
  • ISBN Code : 9780299138608
  • Pages : 277
  • Format : Pdf - ePub
  • Language : English
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Summary:

In the last years of his life, Gerald C. MacCallum, Jr. defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum's effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: "Legislative Intent", certainly one of the best papers published on its topic, and "Negative and Positive Freedom", which offered a new way of looking at a distinction that had been canonical for the last two centuries. To complete MacCallum's unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum's notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He became interested in the relations between competition and morality and between justice and adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding and in his life and work lived up to Emerson's vision of the "American Scholar" as "Man Thinking". These essays are informed by the author's deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured.


Reading Law by Antonin Scalia,Bryan A. Garner

Reading Law
  • Title : Reading Law
  • Author : Antonin Scalia,Bryan A. Garner
  • Publisher : West Group
  • ISBN Code : 9780314275554
  • Pages : 567
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Reports of Cases Decided in the Court of Appeals of the State of New York by New York (State). Court of Appeals,George Franklin Comstock,Henry Rogers Selden,Francis Kernan,Hiram Edward Sickels

Reports of Cases Decided in the Court of Appeals of the State of New York
  • Title : Reports of Cases Decided in the Court of Appeals of the State of New York
  • Author : New York (State). Court of Appeals,George Franklin Comstock,Henry Rogers Selden,Francis Kernan,Hiram Edward Sickels
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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The Language of Law by Andrei Marmor

The Language of Law
  • Title : The Language of Law
  • Author : Andrei Marmor
  • Publisher : Oxford University Press (UK)
  • ISBN Code : 019871453X
  • Pages : 163
  • Format : Pdf - ePub
  • Language : English
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Summary:

The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinantsof communication work in complex and large-scale systems such as law.


Faces of Inequality by Sophia Moreau

Faces of Inequality
  • Title : Faces of Inequality
  • Author : Sophia Moreau
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0190927305
  • Pages : 276
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.


Dynamic Statutory Interpretation by William N. Eskridge,William N. Eskridge, Jr.,John a Garver Professor of Jurisprudence William N Eskridge

Dynamic Statutory Interpretation
  • Title : Dynamic Statutory Interpretation
  • Author : William N. Eskridge,William N. Eskridge, Jr.,John a Garver Professor of Jurisprudence William N Eskridge
  • Publisher : Harvard University Press
  • ISBN Code : 9780674218789
  • Pages : 438
  • Format : Pdf - ePub
  • Language : English
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Summary:

Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.


Michigan Reports. 1. VOL. 1-200 ONLY by Michigan. Supreme Court

Michigan Reports. 1. VOL. 1-200 ONLY
  • Title : Michigan Reports. 1. VOL. 1-200 ONLY
  • Author : Michigan. Supreme Court
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Law and Morality at War by Adil Ahmad Haque

Law and Morality at War
  • Title : Law and Morality at War
  • Author : Adil Ahmad Haque
  • Publisher : Oxford University Press
  • ISBN Code : 0199687390
  • Pages : 285
  • Format : Pdf - ePub
  • Language : English
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Summary:

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions --Flap of book cover.


Limits of Legality by Jeffrey Brand-Ballard

Limits of Legality
  • Title : Limits of Legality
  • Author : Jeffrey Brand-Ballard
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0195342291
  • Pages : 354
  • Format : Pdf - ePub
  • Language : English
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Summary:

Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others.


Michigan Reports by Michigan. Supreme Court,Randolph Manning,George C. Gibbs,Thomas McIntyre Cooley,Elijah W. Meddaugh,William Jennison,Hovey K. Clarke,Hoyt Post,Henry Allen Chaney,William Dudley Fuller,John Adams Brooks,Marquis B. Eaton,Herschel Bouton Lazell,James M. Reasoner,Richard W. Cooper

Michigan Reports
  • Title : Michigan Reports
  • Author : Michigan. Supreme Court,Randolph Manning,George C. Gibbs,Thomas McIntyre Cooley,Elijah W. Meddaugh,William Jennison,Hovey K. Clarke,Hoyt Post,Henry Allen Chaney,William Dudley Fuller,John Adams Brooks,Marquis B. Eaton,Herschel Bouton Lazell,James M. Reasoner,Richard W. Cooper
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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WHO Resource Book on Mental Health, Human Rights and Legislation by Melvyn Freeman,Soumitra Pathare,World Health Organization

WHO Resource Book on Mental Health, Human Rights and Legislation
  • Title : WHO Resource Book on Mental Health, Human Rights and Legislation
  • Author : Melvyn Freeman,Soumitra Pathare,World Health Organization
  • Publisher : World Health Organization
  • ISBN Code : 9789241562829
  • Pages : 181
  • Format : Pdf - ePub
  • Language : English
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Summary:

This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.


A Matter of Interpretation by Elizabeth Mac Donald

A Matter of Interpretation
  • Title : A Matter of Interpretation
  • Author : Elizabeth Mac Donald
  • Publisher :
  • ISBN Code : 9781912054725
  • Pages : 400
  • Format : Pdf - ePub
  • Language : English
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Summary:

It's thirteenth-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, travelling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of C rdoba. 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.


Legislated Rights by Grégoire Webber,Paul Yowell,Richard Ekins,Maris Köpcke,Bradley W. Miller,Francisco J. Urbina

Legislated Rights
  • Title : Legislated Rights
  • Author : Grégoire Webber,Paul Yowell,Richard Ekins,Maris Köpcke,Bradley W. Miller,Francisco J. Urbina
  • Publisher :
  • ISBN Code : 1108426573
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.


Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis by Joan Loughrey

Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis
  • Title : Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis
  • Author : Joan Loughrey
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 0857939661
  • Pages : 261
  • Format : Pdf - ePub
  • Language : English
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Summary:

ÔThis book takes us back to the financial crisis and asks: should the directors of the financial institutions that caused the crisis be held responsible to their investors? LoughreyÕs and her contributorsÕ analysis of that question and the suggestions to implement their proposals are insightful and timely. This is a must-read book for those of us who are still trying to determine how to avoid the next financial crisis.Õ Ð Randall Thomas, Vanderbilt Law School, US The financial crisis revealed failings at board level at many financial institutions. But despite calls for bank boards to be held to account, there has been a remarkable paucity of litigation against bank directors for breach of their duties. This book assesses whether the law relating to directorsÕ duties and shareholder litigation has contributed to this, taking into account the changes to both that were introduced by the Companies Act 2006. With contributions from leading academics and practitioners, the book examines the directorÕs duty of care and skill, the s.172 duty, reporting obligations under s.417 of the Companies Act 2006, and shareholder litigation including the derivative action and just and equitable winding up. It concludes that neither the common law nor the statutory duties and derivative action under the Companies Act 2006 function effectively to hold directors to account and analyses why this is so. This detailed book will appeal to academics in company law and corporate governance as well as commercial law practitioners particularly those who specialize in company litigation.


Parliamentary Sovereignty by Jeffrey Goldsworthy

Parliamentary Sovereignty
  • Title : Parliamentary Sovereignty
  • Author : Jeffrey Goldsworthy
  • Publisher : Cambridge University Press
  • ISBN Code : 1139491512
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.


The Dignity of Legislation by Jeremy Waldron,Chichele Professor of Social and Political Theory Jeremy Waldron

The Dignity of Legislation
  • Title : The Dignity of Legislation
  • Author : Jeremy Waldron,Chichele Professor of Social and Political Theory Jeremy Waldron
  • Publisher : Cambridge University Press
  • ISBN Code : 9780521658836
  • Pages : 206
  • Format : Pdf - ePub
  • Language : English
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Summary:

A lucid, concise and original examination of the importance of legislation.


Federal Legislative Histories by Survey Research Consultants International, Inc. Staff

Federal Legislative Histories
  • Title : Federal Legislative Histories
  • Author : Survey Research Consultants International, Inc. Staff
  • Publisher : Greenwood
  • ISBN Code :
  • Pages : 595
  • Format : Pdf - ePub
  • Language : English
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Summary:

This first annotated bibliography dealing with U.S. federal legislative history covers both Congressional, executive agency, and special commission sources published from 1862 through 1990. The 257 entries provide information about the scope and content of the documents, the locations, the titles and popular names of the bills and laws, the publication dates, the author, the LC card number, the OCLC number, the SUDoc number, the CIS number, the UPA citation, and other information about relevant bills. Information is given about the specific sources and types of sources in the Congress, the Congressional Research Service, and the executive agencies. The annotations describe the types of documentation covered in a work, provide notes about citations and the pagination of original documents, and refer to the location of texts in the Statutes at Large. Author, popular name, Congressional session, public law number, and bill number indexes also make this landmark guide easily accessible for students, teachers, and government staff to use in conducting research into the vast treasury of historical data beginning with the laws in 1796 (4th Congress) through 1990 (101st Congress).


Retroactivity and the Common Law by Ben Juratowitch

Retroactivity and the Common Law
  • Title : Retroactivity and the Common Law
  • Author : Ben Juratowitch
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1847314104
  • Pages : 270
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry


Wiser by Cass R. Sunstein,Reid Hastie

Wiser
  • Title : Wiser
  • Author : Cass R. Sunstein,Reid Hastie
  • Publisher : Harvard Business Press
  • ISBN Code : 1422122999
  • Pages : 252
  • Format : Pdf - ePub
  • Language : English
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Summary:

Two experts in business and psychology describe the detrimental effect that groupthink has on decision-making and explain how to combine ideas from management and social sciences to help improve problem-solving through non-deliberative decision-making. 20,000 first printing.


Cases And Materials On Legislation 2004 by William N. Eskridge,Philip P. Frickey,Elizabeth Garrett

Cases And Materials On Legislation 2004
  • Title : Cases And Materials On Legislation 2004
  • Author : William N. Eskridge,Philip P. Frickey,Elizabeth Garrett
  • Publisher : West Academic Publishing
  • ISBN Code : 9780314151773
  • Pages : 137
  • Format : Pdf - ePub
  • Language : English
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Summary:

Contains an introduction to legislation; descriptive and normative theories of legislation, including procedural theories of legislation, pluralism and interest groups, and institutional theories of legislation; Title VII: interpretive issues and political theories, the Supreme Court's decision in Griggs, affirmative action United States Steelworkers of America v. Weber and Johnson v. Transportation Agency, Santa Clara County; legislative drafting; representational structures, structures of legislative deliberation; statutes as a source of public policy in the United States; theories of statutory interpretation; doctrines of statutory interpretation; and the implementation of statutes.


Legislation and Statutory Interpretation by William N. Eskridge (Jr.),Philip P. Frickey,Elizabeth Garrett

Legislation and Statutory Interpretation
  • Title : Legislation and Statutory Interpretation
  • Author : William N. Eskridge (Jr.),Philip P. Frickey,Elizabeth Garrett
  • Publisher :
  • ISBN Code :
  • Pages : 405
  • Format : Pdf - ePub
  • Language : English
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Summary:

Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. It contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.


Statutory Interpretation by Francis Alan Roscoe Bennion

Statutory Interpretation
  • Title : Statutory Interpretation
  • Author : Francis Alan Roscoe Bennion
  • Publisher :
  • ISBN Code : 9780406966483
  • Pages : 1284
  • Format : Pdf - ePub
  • Language : English
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Summary:

For all practitioners of law, a keen and informed understanding of the meaning and interpretation of legislation is the key to professional success. This supplement to Bennion: Statutory Interpretation keeps the reader fully up-to-date with the key legislative developments since the publication of the fourth edition and includes a fully updated replacement index. It is essential reading for everyone who has to administer or advise, argue or adjudicate on Acts of Parliament and statutory instruments.


Between the Lines by R. Shep Melnick

Between the Lines
  • Title : Between the Lines
  • Author : R. Shep Melnick
  • Publisher : Brookings Institution Press
  • ISBN Code : 9780815705543
  • Pages : 358
  • Format : Pdf - ePub
  • Language : English
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Summary:

Judicial interpretation of federal statutes has often been at the center of political controversy in recent years. In fact, it would be difficult to find a major domestic policy area in which statutory interpretation by the federal courts has not played a significant role in shaping the activities of government. In most important cases, judges base their interpretation not on the letter of the law, but on their reading of its history, purpose, and spirit. What judges discover between the lines of statutes often has major policy consequences. This book examines how statutory interpretation has affected the development of three programs: Aid to Families with Dependent Children, education for the handicapped, and food stamps. It explores how these decisions have changed state and national policies and how other institutions—especially Congress—have reacted to them. Although these three programs differ in several important ways, in each instance court action has expanded program benefits and increased federal control over state and local governments. R. Shep Melnick ties trends in statutory interpretation to broader policy developments, including the expansion of the agenda of national government, the persistence of divided government, and the resurgence and decentralization of Congress. He demonstrates that Congress frequently modifies or overturns court rulings, and he explains why statutory interpretation became so controversial in the 1980s. Between the Lines also explores the understanding of welfare rights that has guided the development of welfare policy over the past fifty years. What basic beliefs about the welfare state underlie court decisions interpreting these statutes? To what extent do members of Congress share these views? How have the assumptions of judges and members of Congress changed over time? These are some of the questions addressed in this detailed study of American welfare policy.


Evaluation and Legal Theory by Julie Dickson,John Gardner

Evaluation and Legal Theory
  • Title : Evaluation and Legal Theory
  • Author : Julie Dickson,John Gardner
  • Publisher : Hart Publishing
  • ISBN Code : 1841131849
  • Pages : 148
  • Format : Pdf - ePub
  • Language : English
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Summary:

No Marketing Blurb


Legislative Law and Statutory Interpretation by Otto J. Hetzel,Michael E. Libonati,Robert Forrest Williams

Legislative Law and Statutory Interpretation
  • Title : Legislative Law and Statutory Interpretation
  • Author : Otto J. Hetzel,Michael E. Libonati,Robert Forrest Williams
  • Publisher : LexisNexis/Matthew Bender
  • ISBN Code :
  • Pages : 729
  • Format : Pdf - ePub
  • Language : English
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Summary:

Based on the premise that the study of legislation requires more than simply an inquiry into the courts' efforts at legislative interpretation, this casebook employs a variety of approaches to convey the legislature's role in shaping the law, including political science materials, case studies, and appellate cases. Statutory interpretation is the central element of a course on Legislation and each chapter incorporates the basics of interpretation to clarify how each topic fits in with the course as a whole. The authors first introduce students to legislation as the primary vehicle for making the law, before discussing the interaction of legislation and common law. They then address the structure of operation of the legislature as an institution of government to provide a foundation for approaches to interpretation stressing legislative purpose and legislative history. Discussion of the variety of legislative process restrictions applicable to legislative lawmaking introduces students to the anatomy of a statute and the formal and procedural constraints imposed by federal and state constitutions on the lawmaking process. With regard to statutory interpretation, a new way of organizing text- based arguments beyond plain-meaning interpretation precedes intent-based approaches to interpretation, in turn followed by canon-based arguments demonstrating the weaknesses inherent in their use. Legislative Law and Statutory Interpretation then covers five broad areas generally organized to reflect questions of institutional (judicial or legislative) competence, including materials on clear statement requirements, retroactivity, severability, deference to administrative agency decisionmaking, and overruling of statutory precedents, and interpretation of state statutes by federal courts and vice versa. This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 x 11 inch paper with wider mar


Albany Law Journal by N.A

Albany Law Journal
  • Title : Albany Law Journal
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Essays in Legal Philosophy by N.A

Essays in Legal Philosophy
  • Title : Essays in Legal Philosophy
  • Author : N.A
  • Publisher : Univ of California Press
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary: