Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.
Описание: In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended.Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision; and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules.
Автор: Aust Helmut Название: Interpretation of International Law by Domestic Courts ISBN: 0198738927 ISBN-13(EAN): 9780198738923 Издательство: Oxford Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Поставка под заказ.
Описание: This book explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.
Автор: Hutchinson Название: Toward an Informal Account of Legal Interpretation ISBN: 1107152321 ISBN-13(EAN): 9781107152328 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an `informal` intervention.
First published in 1990, this book is a comprehensive study of Gramsci's Quaderni, and gives the reader a penetrating account of the structure of Gramsci's thought. The author draw on many materials and sources, making accesible to the English-speaking reader a wide range of texts otherwise only available in Italian, French, Spanish, and Catalan. His book sheds light on Gramsci's basic philosophical and methodological principles, and will be useful as an introduction to Gramsci for students of political science, sociology, social science, history, and philosophy, as well as to scholars in the field.
This book provides and defends an analysis of our concept of the meaning of a literary work. P. D. Juhl challenges a number of widely held views concerning the role of an author's intention: the distinction between the real and the implied" author; and the question of whether a work has not one correct, but many acceptable interpretations.
Originally published in 1981.
The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Автор: Scalia Antonin Название: A Matter of Interpretation: Federal Courts and the Law ISBN: 0691174040 ISBN-13(EAN): 9780691174044 Издательство: Wiley Рейтинг: Цена: 2691.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
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.
Название: Interpretation in Political Theory ISBN: 1138201669 ISBN-13(EAN): 9781138201668 Издательство: Taylor&Francis Рейтинг: Цена: 7195.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Theorists interested in learning more about any given interpretive approach are often required to navigate a dizzying array of sources, with no clear sense of where to begin. The prose of many primary sources is often steeped in dense and technical argot that novices find intimidating or even impenetrable. Interpretation in Political Theory provide students of political theory a single introductory reference guide to major approaches to interpretation available in the field today.
Comprehensive and clearly written, the book includes:
A historical and theoretical overview that situates the practice of interpretation within the development of political theory in the twentieth century.
Chapters on Straussian esotericism, historical approaches within the Cambridge School of interpretation, materialist approaches associated with Marxism, the critical approaches associated with varieties of feminism, Greimassian semiotics, Foucaultian genealogy, the negative dialectics of Theodor Adorno, deconstruction as exemplified by Jacques Derrida and Paul de Man, and Lacanian psychoanalysis.
An exposition of the theoretical and disciplinary background of each approach, the tools and techniques of interpretation it uses, its assumptions about what counts as a relevant text in political theory, and what it considers to be the purpose or objective of reading in political theory.
A reading of Thomas Hobbes's Leviathan to illustrate how each approach can be applied in practice.
A list of suggestions for further reading that will guide those interested in pursuing more advanced study.
An invaluable textbook for advanced undergraduates, graduate students, and even seasoned scholars of political theory interested in learning more about different interpretive approaches.
Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.
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