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Author: Robert A. Katzmann Publisher: Oxford University Press ISBN: 0199362149 Category : Law Languages : en Pages : 184
Book Description
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.
Author: Robert A. Katzmann Publisher: Oxford University Press ISBN: 0199362149 Category : Law Languages : en Pages : 184
Book Description
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.
Author: Donal Nolan Publisher: Hart Publishing ISBN: 9781849463676 Category : Law Languages : en Pages : 64
Book Description
There are two golden rules for the citation of legal authorities. One is consistency. The other is consideration for the reader. Legal writing is more persuasive when the author refers to legal materials in a clear, consistent and familiar way. The Oxford University Standard for Citation of Legal Authorities (OSCOLA) helps authors to achieve consistency in citing cases, legislation and secondary sources. And it helps authors to make life easier for their readers. OSCOLA is widely used by law schools and legal publishers both in the United Kingdom and abroad. This latest revision of OSCOLA (the fourth edition) is the first to be published in hard copy, and provides more detailed coverage of both primary and secondary legal sources. The editors are Donal Nolan and Sandra Meredith. Shortlisted for the Halsbury Legal Awards 2013 in the Award for Academic Contribution category.
Author: Meryl Thomas Publisher: Oxford University Press ISBN: 0192898477 Category : Languages : en Pages : 419
Book Description
Unsurpassed in authority, reliability and accuracy; the 2021-2022 edition has been fully revised and updated to incorporate all relevant legislation for property and equity and trusts law courses. Blackstone's Statutes on Property Law is an abridged collection of legislation carefully reviewed and selected by Meryl Thomas. With unparalleled coverage of property law Blackstone's Statutes on Property Law leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Property Law is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course. Online resources The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
Author: Andrew Burrows Publisher: Oxford University Press ISBN: 0191063274 Category : Law Languages : en Pages : 774
Book Description
Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
Author: Andrew Burrows Publisher: Cambridge University Press ISBN: 9781108465786 Category : Law Languages : en Pages : 0
Book Description
We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.
Author: Matthew Dyson Publisher: Oxford University Press ISBN: 0192898396 Category : Criminal law Languages : en Pages : 489
Book Description
Fully revised and updated to include all recent legislation, this edition provides comprehensive coverage of all the major criminal law documents needed by undergraduates. It also includes unannotated primary and secondary legislation and detailed tables of content to aid quick and efficient research.
Author: Helena Kennedy Publisher: Random House ISBN: 1446475832 Category : Law Languages : en Pages : 352
Book Description
Acute, questioning, humane and passionately concerned for justice, Helena Kennedy is one of the most powerful voices in legal circles in Britain today. Here she roundly challenges the record of modern governments over the fundamental values of equality, fairness and respect for human dignity. She argues that in the last twenty years we have seen a steady erosion of civil liberties, culminating today in extraordinary legislation, which undermines long established freedoms. Are these moves a crude political response to demands for law and order? Or is the relationship between citizens and the state being covertly reframed and redefined?
Author: Andrew Christie Publisher: Blackstone Press ISBN: 9780199238262 Category : Intellectual property Languages : en Pages : 0
Book Description
This volume gives coverage of international intellectual property law, containing all the up-to-date legislation relevant to undergraduate law degrees.
Author: Robert A. Katzmann
Author: Robert A. Katzmann
Author: Donal Nolan
Author: Meryl Thomas
Author: Andrew Burrows
Author: University of Oxford
Author: Andrew Burrows
Author: 
Author: Matthew Dyson
Author: Helena Kennedy
Author: Andrew Christie