Description
Explore the transformative concepts laid out in "Purposive Interpretation in Law" by Aharon Barak, a seminal work published by Princeton University Press. This book, formatted in trade paperback, presents a compelling theory of legal interpretation crucial for legal scholars, judges, and students alike. Delve into the intricacies of purposive interpretation, an approach that seeks to harmonize various theories applied to legal texts such as constitutions, statutes, rules, wills, and contracts. Barak's work emphasizes the significance of understanding the purpose behind legal texts as a cornerstone for discerning their meaning.
Benefit from Barak's extensive expertise as he meticulously demonstrates how identifying both subjective and objective purposes influences legal interpretation. This comprehensive guide enriches the discourse on legal philosophy, providing insights that not only support practitioners in their work but also enlighten those new to legal studies. Whether you’re a law student seeking foundational knowledge or a seasoned professional aiming to refine your interpretative skills, this book equips you with the tools necessary for intelligent legal analysis.
Condition: BRAND NEW
ISBN: 9780691133744
Format: Trade paperback (US)
Year: 2007
Publisher: Princeton University Press
Note: Shipping for this item is free. Please allow up to 6 weeks for delivery. Once your order is placed, it cannot be cancelled.
Note: Shipping for this item is free. Please allow up to 6 weeks for delivery. Once your order is placed, it cannot be cancelled.
Condition: BRAND NEW
ISBN: 9780691133744
Format: Trade paperback (US)
Year: 2007
Publisher: Princeton University Press
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 i
Benefit from Barak's extensive expertise as he meticulously demonstrates how identifying both subjective and objective purposes influences legal interpretation. This comprehensive guide enriches the discourse on legal philosophy, providing insights that not only support practitioners in their work but also enlighten those new to legal studies. Whether you’re a law student seeking foundational knowledge or a seasoned professional aiming to refine your interpretative skills, this book equips you with the tools necessary for intelligent legal analysis.
Condition: BRAND NEW
ISBN: 9780691133744
Format: Trade paperback (US)
Year: 2007
Publisher: Princeton University Press
Note: Shipping for this item is free. Please allow up to 6 weeks for delivery. Once your order is placed, it cannot be cancelled.
Note: Shipping for this item is free. Please allow up to 6 weeks for delivery. Once your order is placed, it cannot be cancelled.
Condition: BRAND NEW
ISBN: 9780691133744
Format: Trade paperback (US)
Year: 2007
Publisher: Princeton University Press
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 i