Purposive Interpretation in Law

Purposive Interpretation in Law
Author: Aharon Barak
Publisher: Princeton University Press
Total Pages: 444
Release: 2011-10-16
Genre: Law
ISBN: 1400841267

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.

Theobald on Wills

Theobald on Wills
Author: Sir Henry Studdy Theobald
Publisher:
Total Pages: 1114
Release: 1993
Genre: Wills
ISBN:

First ed. published as : A concise treatise on the construction of wills.

Islamic Law in Past and Present

Islamic Law in Past and Present
Author: Mathias Rohe
Publisher: BRILL
Total Pages: 676
Release: 2015-01-27
Genre: Law
ISBN: 9004281800

Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.

Canadiana

Canadiana
Author:
Publisher:
Total Pages: 1332
Release: 1983
Genre: Canada
ISBN:

International Real Estate Handbook

International Real Estate Handbook
Author: Christian H. Kälin
Publisher: John Wiley & Sons
Total Pages: 770
Release: 2005-09-27
Genre: Business & Economics
ISBN: 0470021225

This book presents a comprehensive reference for real estate investors everywhere. Covering the unique real-estate situations in seventeen key countries, including the United States and Europe, it offers a unique international overview of the real estate market.