Author: William Eskridge Jr.
Publisher: West Academic
Release Date: 2007-01-18
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.
Author: Maxwell L. Stearns
Publisher: West Academic Publishing
Release Date: 2009
"Public Choice Concepts and Applications in Law is a terrific introductory book for law students and a valuable analytic resource for professors, whether veterans or newcomers to the field. Stearns and Zywicki break down the subject into freestanding components, allowing the reader to think about courts, legislatures, voters, and agencies in ways unimagined by anyone unfamiliar with the basic tools of public choice. Cases, articles, and classic insights are brought together in a way that truly makes this a volume about the application of public choice tools to legal doctrines. There is nothing like it." --Saul Levmore, William B. Graham Professor of Law, University of Chicago
Author: Martina Bajčić
Publisher: John Benjamins Publishing Company
Release Date: 2017-04-12
Genre: Language Arts & Disciplines
This book focuses on legal concepts from the dual perspective of law and terminology. While legal concepts frame legal knowledge and take center stage in law, the discipline of terminology has traditionally been about concept description. Exploring topics common to both disciplines such as meaning, conceptualization and specialized knowledge transfer, the book gives a state-of-the-art account of legal interpretation, legal translation and legal lexicography with special emphasis on EU law. The special give-and-take of law and terminology is illuminated by real-life legal cases which demystify the ways courts do things with concepts. This original approach to the semantics of legal concepts is then incorporated into the making of a legal dictionary, thus filling a gap in the theory and practice of legal lexicography. With its rich repertoire of examples of legal terms in different languages, the book provides a blend of theory and practice, making it a valuable resource not only for scholars of law, language and lexicography but also for legal translators and students.
Author: Christian E. Mammen
Release Date: 2002-01-01
Using Legislative History in American Statutory Interpretation examines the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists. The book separates the utility and usability of legislative history from theories based on legislative intention. Rather than basing an argument for using legislative history on legislative intention, it argues that legislative history conveys a certain degree of expertise and/or provides certain contextual information about the subject matter of the statute. Legislative history may also be authoritative as a matter of judicial precedent; that is, legislative history may be authoritative because judges have said so in published opinions. The book then follows Joseph Raz and argues that the only legislative intentions that may be identified and deemed legally authoritative as a matter of general theory are minimal intentions relating to the enactment of a particular text as a legally authoritative statute within a particular legal system. This approach--justifying the Court's discretionary use of legislative history without reference to legislative intention--accounts for and undermines most of the major objections to using legislative history, such as objections based on the theoretical problems surrounding legislative intentions, objections based on the perceived unconstitutionality of relying on legislative history, and objections based on its frequent inutility.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Release Date: 1990
Author: Bernard D. Reams
Publisher: Greenwood Pub Group
Release Date: 1994
The use of legislative history materials is an essential step in American legal research and statutory interpretation. Legislative histories look at the legislative purpose and intent of Congress where the language of the statute is vague, unclear, or lacks specifics. The judiciary, legal scholars, the legal profession, and the creators of government policy turn to the various documents drafted during the law-making process to clarify areas of confusion or ambiguity. Precise and thorough research in the United States statutes and codes depends on having access to the materials that make up the pre-enactment history. For years, the U.S. Government Printing Office, Federal Administrative Agencies, and Federal Commissions have randomly collected, organized, excerpted, and indexed the various documents that explain the history and intent of a statute. This compilation identifies those officially created sources and provides an important access point to the legal researcher and those interested in the policy behind the nation's laws. This first annotated bibliography dealing with United States Federal legislative history covers Congressional, executive agency, and special commission sources 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.
Author: Andrei Marmor
Publisher: OUP Oxford
Release Date: 2014-04-17
The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. 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 determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.