Purposive Interpretation in Law (Paperback)
  • Purposive Interpretation in Law (Paperback)
zoom

Purposive Interpretation in Law (Paperback)

(author), (translator)
£42.00
Paperback 448 Pages / Published: 28/09/2007
  • We can order this

Usually dispatched within 3 weeks

  • This item has been added to your basket
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 its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.

Publisher: Princeton University Press
ISBN: 9780691133744
Number of pages: 448
Weight: 652 g
Dimensions: 235 x 152 x 27 mm

You may also be interested in...

The Rule of Law
Added to basket
£9.99
Paperback
A Dictionary of Law
Added to basket
£12.99
Paperback
Misjustice
Added to basket
£9.99
Paperback
The Greatest
Added to basket
£10.99
Paperback
Long Bright River
Added to basket
£12.99
Hardback
Under the Wig
Added to basket
£8.99
Paperback
Life in the UK Test: Study Guide 2020
Added to basket
The Ten Types of Human
Added to basket
Work Like a Woman
Added to basket
£9.99
Paperback
The Secret Barrister
Added to basket
£9.99   £7.99
Paperback
Marine A
Added to basket
£8.99
Paperback
Fake Law
Added to basket
£20.00   £16.99
Hardback
Done Deal
Added to basket
£10.99   £9.99
Paperback
Court Number One
Added to basket
£10.99
Paperback
Trials of the State
Added to basket

Please sign in to write a review

Your review has been submitted successfully.