Results 301 to 310 of about 471,009 (335)
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Legal Studies, 1987
The interpreter of a statute ought not, tempted by extraneous considerations, to force the meaning of words or phrases against a reasonable understanding or against the clear intention of the statute as a whole. He ought not, influenced by the tendency of legal practitioners to favour precise and narrow signification, to assume that precise and narrow ...
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The interpreter of a statute ought not, tempted by extraneous considerations, to force the meaning of words or phrases against a reasonable understanding or against the clear intention of the statute as a whole. He ought not, influenced by the tendency of legal practitioners to favour precise and narrow signification, to assume that precise and narrow ...
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Modern Statutory Interpretation
2023Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account
Jeffrey Barnes +2 more
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Abstract A statute, like any text, must be interpreted so that it makes sense, in light of its purposes. We apply the rules in a statute to achieve one of its purposes: to determine what the law requires in a given situation. There are many techniques of interpretation.
George P. Fletcher +2 more
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George P. Fletcher +2 more
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Interpreting statutory predicates
Proceedings of the second international conference on Artificial intelligence and law - ICAIL '89, 1989In this paper we discuss a hybrid approach to the problem of statutory interpretation that involves combining our past approach to case-based reasoning (“CBA”), as exemplified in our previous HYPO and TAX-HYPO systems, with traditional rule-based reasoning (“RBR”), as exemplified by expert systems.
E. L. Rissland, D. B. Skalak
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2018
This chapter examines the techniques of statutory interpretation used in France. It first examines the various methods used by French judges when interpreting legislation. The French approach to statutory interpretation is usually expressed in three propositions, which can be traced back as early as 1799 to the classical and visionary Discours ...
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This chapter examines the techniques of statutory interpretation used in France. It first examines the various methods used by French judges when interpreting legislation. The French approach to statutory interpretation is usually expressed in three propositions, which can be traced back as early as 1799 to the classical and visionary Discours ...
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PRINCIPLES OF STATUTORY INTERPRETATION
SSRN Electronic Journal, 2021The Supreme Court has expressed an interest that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts. This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies.
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Interpretive Choice in Statutory Interpretation
The American Journal of Jurisprudence, 2014This article considers theories of “interpretive choice,” which deny that any particular method of interpreting a statute is uniquely reasonable and instead take statutory interpretation to be very largely underdetermined by reason. Cass Sunstein argues from the nature of interpretation that the choice of interpretive method should turn directly on ...
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CONSTITUTIONAL INTERPRETATION V. STATUTORY INTERPRETATION:
Legal Theory, 2000I. ONCE, SAID AN AUTHOR, WHERE I NEED NOT SAY . . .Two judges, named Stat J. and Constit J., were asked to appear on a panel at a law conference for jurists from around the world. The two judges were from different jurisdictions, though both their jurisdictions had a common-law legal tradition.
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Practical Reason and Statutory Interpretation
Law and Philosophy, 1993Again, the point about the impossibility of blending the normative and the descriptive is a point about ontology, not epistemology. With respect to epistemology, such blending is quite plausible. For example, if statutes were deemed ontologically to consist of, say, the intentions of the legislators, suitably described and aggregated, the best evidence
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Agency Statutory Interpretation
SSRN Electronic Journal, 2002The literature on the Supreme Court's Chevron decision is vast, perhaps excessive. How much deference courts should pay to agency interpretations of their own statutes has engaged courts, lawyers, and academics in a multi-year debate that shows no signs of abating.
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