Commentaries on the Written Laws and Their Interpretation (Classic Reprint)

Commentaries on the Written Laws and Their Interpretation (Classic Reprint)
Author: Joel Prentiss Bishop
Publisher: Forgotten Books
Total Pages: 362
Release: 2017-11-27
Genre: Law
ISBN: 9780332081373

Excerpt from Commentaries on the Written Laws and Their Interpretation While this book is written to be consulted, it is meant also to be read. There is no other legal subject whereon a book which shall be read is so much needed. And the one here presented is of dimensions so small - the mas tery of its contents is so completely within the hours avail able to the busiest practitioner or judge - that I venture the hope of finding for it readers of these classes. To the younger practitioner, and to the student, it, if found wor thy, will, let me add the further hope, make plainer and smoother a path trodden every day by every person whose avocations are legal. It may be cited by its title, or, if preferred, by the name of the larger volume whereof it constitutes a part. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Commentaries on the Written Laws and Their Interpretation

Commentaries on the Written Laws and Their Interpretation
Author: Joel Prentiss Bishop
Publisher:
Total Pages: 370
Release: 2016-10-09
Genre:
ISBN: 9781522203711

Hardcover reprint of the original 1882 edition - beautifully bound in brown cloth covers featuring titles stamped in gold, 8vo - 6x9. No adjustments have been made to the original text, giving readers the full antiquarian experience. For quality purposes, all text and images are printed as black and white. This item is printed on demand. Book Information: Bishop, Joel Prentiss. Commentaries On The Written Laws And Their Interpretation. Indiana: Repressed Publishing LLC, 2012. Original Publishing: Bishop, Joel Prentiss. Commentaries On The Written Laws And Their Interpretation, . Boston, Little, Brown, And Company, 1882. Subject: Law

Commentaries on the Law of Statutory Crimes

Commentaries on the Law of Statutory Crimes
Author: Joel Prentiss Bishop
Publisher: Forgotten Books
Total Pages: 1016
Release: 2017-11-30
Genre: Law
ISBN: 9780332259031

Excerpt from Commentaries on the Law of Statutory Crimes: Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, and the Specific Statutory Offenses as to Both Law and Procedure The volume here presented, supplementing the two vol umes entitled Criminal Law, and the two on the law of Pleading and Evidence and the Practice in Criminal Cases, called, for short, Criminal Procedure, completes a series ccv ering the whole field of American criminal law, criminal evi dence, criminal pleading, and criminal practice, both at the common law and under the statutes. In the construction of the series, and in the printing of the successive editions, there have been some changes of matter from one work to another, all duly pointed out when they occurred. As the volumes stand in the later editions, the four which precede this, while mingling in their explanations the written law with the nu written, are silent on the questions discussed in this volume. These are an exposition of the general principles of statutory interpretation, which, since they are in the main the same in criminal cases and in civil, extends necessarily into the civil department; elucidations of the principles of interpretation special to the criminal law, with their specific applications; such topics as the statute of limitations in criminal causes, pleadings upon private statutes and municipal by-laws, and some others of the like kind; and, finally, discussions of the offenses which are purely or in substance statutory, in distino tion from more statutory extensions of common-law crimes. As to the last-named particular, Book V, entitled Statutory Extensions of Common-law Offenses, might seem to occupy an exceptional position. But the statutes discussed in it are such as, while analogous to some common-law inhibitions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Commentaries on the Law of Statutory Crimes; Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, And

Commentaries on the Law of Statutory Crimes; Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, And
Author: Joel Prentiss Bishop
Publisher: Rarebooksclub.com
Total Pages: 314
Release: 2013-09
Genre:
ISBN: 9781230176512

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...are a permissible substitute for the latter,2 it is not so plain that the latter are such for the former.3 481. "Daughter or sister," or "other woman," distinguished.--An Ohio statute made it, in one section, rape, and punishable in a particular way, for a man to have "carnal knowledge of his daughter or sister, forcibly and against her will;" and, in the next section, rape, punishable less heavily, to have "carnal knowledge of any other woman, or female child, than his daughter or sister as aforesaid, forcibly and against her will."4 And the court observed that here "are distinct and separate crimes, and not merely different grades of the same crime;" adding, and apparently holding, that, "in clT-rging the latter crime, it is essential for the indictment to state that the woman or female child upon whom the crime is charged to have been committed is not the daughter or sister of the accused." Whether this decision is sound or not, certainly not all tribunals will follow it. For it is a principle pervading the entire criminal law, that the prosecuting power can call an offender to account or not, or take notice of a particular element of his wrong or not,6 as it chooses. So that, where the injured female is the "daughter or sister," the grand jury is not compellable to take notice of the fact. They may frame the indictment as though she was not, and the conviction will be for the milder offense. For a defendant cannot escape by showing that he is more guilty than he is charged with being. Then, where the woman is not the "daughter or sister," this fact is simply matter of defense against the higher charge. And it is a rule of criminal pleading that...

Judging Statutes

Judging Statutes
Author: Robert A. Katzmann
Publisher: Oxford University Press
Total Pages: 184
Release: 2014-08-14
Genre: Law
ISBN: 0199362149

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.