Statutory Interpretation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Statutory Interpretation write by Douglas Walton. This book was released on 2021-01-21. Statutory Interpretation available in PDF, EPUB and Kindle. Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Judging Statutes
Judging Statutes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging Statutes write by Robert A. Katzmann. This book was released on 2014-08-14. Judging Statutes available in PDF, EPUB and Kindle. 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.
Statutes and statutory construction
Statutes and statutory construction - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Statutes and statutory construction write by J.G. Sutherland. This book was released on 1972. Statutes and statutory construction available in PDF, EPUB and Kindle. Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Dynamic Statutory Interpretation
Dynamic Statutory Interpretation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Dynamic Statutory Interpretation write by William N. Eskridge. This book was released on 1994. Dynamic Statutory Interpretation available in PDF, EPUB and Kindle. 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.
Statutory Construction and Interpretation
Statutory Construction and Interpretation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Statutory Construction and Interpretation write by . This book was released on 2010-06-15. Statutory Construction and Interpretation available in PDF, EPUB and Kindle. This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.
