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Author: Alan Bass Publisher: Stanford University Press ISBN: 9780804753388 Category : Philosophy Languages : en Pages : 220
Book Description
This book synthesizes Nietzsche, Heidegger, and Derrida on interpretation and difference in order to provide a new theory of how interpretation functions in psychoanalysis.
Author: Alan Bass Publisher: Stanford University Press ISBN: 9780804753388 Category : Philosophy Languages : en Pages : 220
Book Description
This book synthesizes Nietzsche, Heidegger, and Derrida on interpretation and difference in order to provide a new theory of how interpretation functions in psychoanalysis.
Author: Sam Ham Publisher: Fulcrum Publishing ISBN: 1933108916 Category : Language Arts & Disciplines Languages : en Pages : 586
Book Description
In the new edition of the international bestseller Environmental Interpretation, Sam H. Ham captures what has changed in our understanding of interpretation during the past two decades. Ham draws on recent advances in communication research to unveil a fresh and invigorating perspective that will lead interpreters to new and insightful pathways for making a difference on purpose through their work.
Author: William N. Eskridge Publisher: Harvard University Press ISBN: 9780674218789 Category : Law Languages : en Pages : 460
Book Description
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Author: Abdul Alamin Publisher: Infinite Study ISBN: Category : Mathematics Languages : en Pages : 25
Book Description
In this manuscript, we focus on the brief study of finding the solution to and analyzingthe homogeneous linear difference equation in a neutrosophic environment, i.e., we interpreted the solution of the homogeneous difference equation with initial information, coefficient and both as a neutrosophic number. The idea for solving and analyzing the above using the characterization theorem is demonstrated.
Author: Aharon Barak Publisher: Princeton University Press ISBN: 1400841267 Category : Law Languages : en Pages : 444
Book Description
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.
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: David K. Henderson Publisher: SUNY Press ISBN: 9780791414064 Category : Philosophy Languages : en Pages : 308
Book Description
Henderson examines the foundations of an analytic social science approach to develop a well-integrated account of the human sciences, focusing on the pivotal notions of interpretation and explanation. The author acknowledges the importance of interpretive understanding in the human sciences, and proposes a methodology that reflects both interpretive practice as well as scientific methodology. He refutes the methodological separatists who hold that the logic of explanation and testing in the human sciences is fundamentally different from that of the natural sciences, and examines in detail the constraints on interpretation. In providing an integrated treatment of these two central issues in social science, Henderson offers a thorough analysis of the adequacy of interpretation and the nature of explanation in the human sciences.
Author: Adrian Snodgrass Publisher: Routledge ISBN: 1134222637 Category : Architecture Languages : en Pages : 348
Book Description
Drawing on cultural theory, phenomenology and concepts from Asian art and philosophy, this book reflects on the role of interpretation in the act of architectural creation, bringing an intellectual and scholarly dimension to real-world architectural design practice. For practising architects as well as academic researchers, these essays consider interpretation from three theoretical standpoints or themes: play, edification and otherness. Focusing on these, the book draws together strands of thought informed by the diverse reflections of hermeneutical scholarship, the uses of digital media and studio teaching and practice.
Author: Antonin Scalia Publisher: Princeton University Press ISBN: 0691174040 Category : Law Languages : en Pages : 197
Book Description
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Author: Alan Bass
Author: Alan Bass
Author: Sam Ham
Author: William N. Eskridge
Author: Abdul Alamin
Author: Aharon Barak
Author: Andrew Burrows
Author: Andrzej Warminski
Author: David K. Henderson
Author: Adrian Snodgrass
Author: Antonin Scalia