Purposive Interpretation in Law
Smartfox Books Code: PR8651
Approx $88.89 USD
"Purposive Interpretation in Law" is an authoritative examination of the purposive approach to legal interpretation, a method that prioritizes understanding the underlying purpose and legislative intent behind legal texts. This approach contrasts with more rigid, literal interpretations, offering a nuanced way to apply law in contexts where strict adherence to the text might lead to unjust or unintended outcomes.
The book delves into the theoretical foundations of purposive interpretation, exploring how this method has been applied in various legal systems and its impact on judicial decisions. By focusing on the broader objectives and purposes of legislation, purposive interpretation seeks to uphold the spirit of the law, ensuring that legal outcomes align with the intentions of lawmakers and serve the public good.
Ideal for legal scholars, judges, lawyers, and students of law, "Purposive Interpretation in Law" provides a comprehensive analysis of this interpretative method. It covers key cases, debates, and philosophical discussions surrounding the purposive approach, making it an essential resource for anyone interested in legal interpretation and jurisprudence.
Key Features:
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Comprehensive Analysis: The book offers an in-depth examination of the purposive approach to legal interpretation, covering
its theoretical basis, application in courts, and impact on legal outcomes.
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Legislative Intent: Understand how purposive interpretation seeks to uncover the legislative intent behind statutes,
ensuring that laws are applied in a manner consistent with their intended purpose.
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Contrast with Literal Interpretation: The book contrasts purposive interpretation with other methods, such as literal or
textual interpretation, highlighting the benefits and challenges of each approach.
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Judicial Application: Explore how judges have applied the purposive approach in key cases, influencing the development of
legal principles and precedents.
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Legal Hermeneutics: Delve into the hermeneutical aspects of law, understanding how interpretation plays a critical role in
the application of justice.
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Philosophical Foundations: The book explores the philosophical underpinnings of purposive interpretation, including
discussions on the nature of law, justice, and the role of the judiciary.
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Global Perspectives: While focused on specific legal systems, the book also provides a comparative analysis of how
purposive interpretation is applied in different jurisdictions.
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Practical Implications: Learn about the practical implications of purposive interpretation in everyday legal practice,
including its role in statutory interpretation and judicial reasoning.
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For Legal Professionals: "Purposive Interpretation in Law" is essential reading for judges, lawyers, and legal scholars who
seek to understand and apply this method in their work.
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Educational Resource: The book serves as a valuable resource for law students, providing a clear and detailed introduction
to one of the most important methods of legal interpretation.
"Purposive Interpretation in Law" is a crucial guide for anyone involved in the legal field. By focusing on the purpose behind legal texts, this approach offers a way to interpret laws that align with the broader goals of justice and fairness. Whether you're a legal professional, scholar, or student, this book provides the insights needed to navigate the complexities of legal interpretation and to apply the law in a way that reflects its true intent.
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
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