Legal interpretation in democratic states
Author(s)
Bibliographic Information
Legal interpretation in democratic states
(Dartmouth series in applied legal philosophy)
Ashgate, c2002
Available at 4 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Description and Table of Contents
Description
A discussion of the judicial interpretation of statutes and constitutions. The essays were originally presented as papers at a workshop on Legal Interpretation, Judicial Power, and Democracy, held in Melbourne in June 2000. Participants at the workshop were legal theorists from Australia, New Zealand and the United States. They were invited to explore relationships between legal interpretation, judicial power, democracy, the rule of law, and legal positivism. The essays are divided into three parts. Those in Part 1 share a particular concern with the proper role of law-makers' intentions in legal interpretation. The essays in Part 2 are more eclectic, defending or discussing particular approaches to interpretation. They include a history of the theory and practice of "equitable" interpretation from the 13th century to the 21st. The final part contains essays which deal with constitutional interpretation.
Table of Contents
- Part 1 Intention, interpretation and politics: interpreting rules - the nature and limits of inchoate intentions, Larry Alexander and Emily Sherwin
- grouding theories of legal interpretation, Tom Campbell
- legislative intentions, legislative supremacy and legal positivism, Jeffrey Goldsworthy. Part 2 Interpretive perspectives: a brief history of equitable interpretation in the common law system, Jim Evans
- mad dogmas and Englishmen - how other people interpret and why, Maimon Schwarzschild
- authority, meaning, legitimacy, Margaret Davies
- a hermeneutical standpoint, Arthur Glass
- law as the structure of meaning, M.J. Detmold. Part 3 Interpreting constitutions: living in the past - Burkean conservatism and originalist interpretation, Heidi M. Hurd
- natural rights, judicial review and constitutional interpretation, Michael S. Moore
- two ways to derive implied constitutional rights, Sinnott-Armstrong
- interpretations of federalism - the Australian doctrine of state immunity and the problem of collective choice, David Tucker.
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