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Administrative Interpretation and the Complications It Reveals

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0006
Subject:
Law, Philosophy of Law

This chapter addresses complexities introduced by the fact that administrative agencies perform a great many construals of statutes, and it may well be that these agencies should not simply try to ... More


Administrative Law as Solicitude—Reasonable Decision-Making

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0009
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

In this chapter I claim that the fiduciary model answers a difficult question that arises in hard cases of administrative law in which an individual is subject to a drastic exercise of public power: ... More


Statutes

Robert A. Katzmann

in The Embattled Constitution

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814770122
eISBN:
9780814762806
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814770122.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines a range of approaches to statutory interpretation. In particular, it explores how Congress actually functions, how Congress signals its meaning, what Congress expects of those ... More


Comparisons and Conclusions

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0011
Subject:
Law, Philosophy of Law

This chapter opens with some reflections on what statutory and common law interpretation have in common and what makes them different. It then turns to more direct relations between statutes and the ... More


Property and Statutory Interpretation

MICHAEL TAGGART

in Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.003.0005
Subject:
Law, Human Rights and Immigration, Legal History

The case pitting Edward Pickles against Bradford over water supply was a case about statutory interpretation. The Corporation took its stand against Pickles on the statute first, seeking an ... More


Introduction

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter first sets out the book's purpose, which is to consider crucial questions about the relation between statutory and common law interpretation. Among these are: How far does ... More


Intentions in Interpretation

Richard Ekins

in The Nature of Legislative Intent

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646999
eISBN:
9780191741159
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646999.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter considers some of the implications of the nature of the legislative intent for the practice of statutory interpretation. It argues that interpreters should aim to infer the legislature's ... More


Legal policy

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0011
Subject:
Law, Constitutional and Administrative Law

A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal ... More


Statutory and Common Law Interpretation

Kent Greenawalt

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.001.0001
Subject:
Law, Philosophy of Law

This book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are “faithful agents” of the legislature or ... More


Legislation as Communication? Legal Interpretation and the Study of Linguistic Communication

Mark Greenberg

in Philosophical Foundations of Language in the Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199572380
eISBN:
9780191728914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572380.003.0010
Subject:
Law, Philosophy of Law

According to one view — really a family of related views — that has considerable currency at the moment, the philosophy of language and linguistics have a direct bearing on the content of the law. ... More


The Language of Statutes: Laws and Their Interpretation

Lawrence M. Solan

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.001.0001
Subject:
Law, Constitutional and Administrative Law

Pulling the rug out from debates about interpretation, this book joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly ... More


Statutes and their Construction

Thomas Lundmark

in Charting the Divide Between Common and Civil Law

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199738823
eISBN:
9780190259914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199738823.003.0008
Subject:
Law, Comparative Law

This chapter examines statutes and their interpretation in four jurisdictions: Germany, England and Wales, Sweden, and the United States. It begins by tracing the history of statutory lawmaking in ... More


The Interpretation of UK Domestic Legislation in the Light of the European Convention on Human Rights Jurisprudence

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0008
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines how the jurisprudence on the European Convention on Human Rights—which is a combination of the case laws of the Strasbourg Court and the United Kingdom courts on Convention ... More


Principles of Treaty Interpretation: Developed for and Applied by National Courts?

Michael Waibel

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0002
Subject:
Law, Public International Law

This chapter examines whether the Vienna Convention’s interpretive provisions were drafted partly with national courts in mind, and examines how national courts apply them. Section II sets the scene ... More


The Contribution of Linguistics to Legal Interpretation

Brian G. Slocum

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0001
Subject:
Law, Constitutional and Administrative Law

The main argument of this chapter is relatively simple. The content of a legal text is not solely an instance of linguistic meaning. Rather, legal concerns sometimes trump the linguistic meaning of ... More


The Basic Context of Civil Law

Uwe Kischel

in Comparative Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198791355
eISBN:
9780191833830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791355.003.0006
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter looks at civil law. Civil law is the counterpart and the typical object of comparison to the common law. The distinction between these two legal families is one of the few on which ... More


Textualism without Formalism: Justice Scalia’s Statutory Interpretation Legacy

Abbe R. Gluck

in Justice Scalia: Rhetoric and the Rule of Law

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226601656
eISBN:
9780226601793
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226601793.003.0007
Subject:
Law, Constitutional and Administrative Law

Justice Scalia’s most enduring legacy is likely to be the method of statutory interpretation—“textualism”—that he brought to the U.S. Supreme Court and to all of the courts below it. With his ... More


The Changing Judicial Role: Human Rights, Community Law, and the Intention of Parliament

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0009
Subject:
Law, Human Rights and Immigration, EU Law

This chapter discusses statute law and statutory interpretation and then draws some conclusions about the judicial role. The principal premise is that statutory interpretation can be analysed into ... More


Judges and Legislators

Geoffrey Marshall

in Constitutional Theory

Published in print:
1980
Published Online:
March 2012
ISBN:
9780198761211
eISBN:
9780191695148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198761211.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the role of the judiciary in the application of law. It discusses different approaches to statutory interpretation in the United States and Britain. It also describes the two ... More


The Nature of Legislative Intent

Richard Ekins

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646999
eISBN:
9780191741159
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646999.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Is legislative intent a fiction? The legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow ... More


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