Suchergebnisse

The Danish upper secondary school is currently undergoing a hyper complex process of modernization where new organizational forms, teacher-student roles and principles of management are introduced. The process is set-off most directly by a new reform. This article explores the implementation of that reform by focusing on how it is interpreted locally and put into practice by the headmasters of two different schools. On the basis of that analysis the article discusses the consequences that different ways of interpreting and managing the reform might have for the students — how do they understand, recognize and execute the new pedagogical discourses and constructions of students that the headmasters are launching? The theoretical and methodological approach of the article is based on Basil Bernstein's sociology of education. Empirically the article draws on qualitative interviews with the headmasters under analysis.

Front Matter; Law as Fact, Law as Fiction; Lexical Indeterminacy; Topical Jurisprudence; Legal Speech Acts as Intersubjective Communicative Action; Who needs Fact when you've got Narrative? The Case of P, C & S vs. United Kingdom; Taking Facts Seriously; Transforming Ambiguity into Vagueness in Legal Interpretation; The Inclusive/Exclusive Nation; Global Values and Floating Borders in the Brazilian Amazon; Landmarks for Aboriginal Law in Australia; Back Matter.

Foreword / Gabrielle Marceau -- About the book / Gabrielle Marceau and Clément Marquet -- Introduction : a meta-question / Georges Abi-Saab -- Evolutionary interpretation in international law : some short and less than trail-blazing reflections / Robert Kolb -- An interpreter's guide to static and evolutive interpretations : solving intertemporal problems according to the VCIT / Christian Djeffal -- Time present and time pas t: the intention of the parties and the evolutionary interpretation of treaties / Eirik Bjorge -- Using intertemporal linguistics to resolve the problem at the origin and core of the evolutionary interpretation debate / Julian Wyatt -- Evolutionary interpretation : the relevance of context / Donald McRae -- Evolutionary interpretation of international law in national courts / Kenneth Keith -- The interpretive work of treaty bodies : how they look at evolutionary interpretation, and how other courts look at them / Luigi Crema -- Evolutionary interpretation of unilateral acts of states and international organisations / Paolo Palchetti -- The strength of evolutionary interpretation in international human rights law / Gloria Gaggioli -- The Strasbourg approach to evolutionary interpretation / Oliver Dörr -- Environmental protection as an object of and tool for evolutionary interpretation / Nina Mileva and Marina Fortuna -- The European Court of Human Rights and the right to a clean environment : evolutionary or illusory interpretation? / Malgosia Fitzmaurice -- By men, not gods : the (hidden) evolutionary interpretation of international criminal law in the light of extrinsic sources / Sévane Garibian -- Understanding the choice for evolutionary interpretation / Isabelle Van Damme -- The illusion of "evolutionary interpretation" in WTO dispute settlement / Graham Cook -- Prospective linguistics and trade : the art of the deal / Clément Marquet -- The evolutionary treaty interpretation by the WTO Appellate Body / Sondre Torp Helmersen -- Is there evolution in the evolutionary interpretation of WTO law? / Peter Van den Bossche -- Evolutionary interpretation and the Appellate Body's existential crisis / Mariana Clara de Andrade -- Energy trade in the WTO, yesterday, today and tomorrow : the role of evolutionary interpretation / Jenya Grigorova -- Evolutionary interpretation in investment arbitration : about a judicial taboo / Makane Moïse Mbengue and Aikaterini Florou -- The role of state party pleadings in the evolutionary interpretation of international investment agreements / Kendra Magraw -- Investment treaty signatories' joint interpretation and the case of the NAFTA free trade commission : evolutionary interpretation or modification? / Jennifer Radford, Gregory Tereposky and Kun Hui -- History as interpretative context in the evolutionary interpretation of FET in international investment law / Charalampos Giannakopoulos and Malvika Monga -- Articulating evolutionary interpretation and the rule of law : the EU as a composite legal order based on relative rules of law / Nicolas Levrat -- Multilingualism and the dynamic interpretation of European Union law / Mattias Derlén -- Conclusion / Kenneth Keith -- Afterword / Georges Abi-Saab.

1. Introduction -- 2. Meaning And Interpretation -- 3. Dworkin's Theory Of Interpretation And The Nature Of Jurisprudence -- 4. Coherence, Holism, And Interpretation: The Epistemic Foundation Of Dworkin's Legal Theory -- 5. Semantics, Realism, And Natural Law -- 6. Constructive Identification And Razian Authority -- 7. No Easy Cases? -- 8. Legislative Intent And The Authority Of Law -- 9. Constitutional Interpretation.

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.

"The annual McPherson Lecture Series, inspired by the famous Hamlyn Lecture Series in England, hosts a celebrated international scholar or legal expert to deliver a series of three lectures. In this, the third, volume, The Honourable James Jacob Spigelman, considers the theme of statutory interpretation and human rights. The first of these lectures, The Common Law Bill of Rights, considers the principles of the law of statutory interpretation which constitute, in substance, a common law bill of rights. The second lecture, The Application of Quasi-constitutional Laws, considers the developing jurisprudence of the application of the special interpretive provision in human rights legislation and how the principles of statutory interpretation are applied to legislation of this character. The final lecture, Legitimate and Spurious Interpretation, considers the difficulties posed for interpretation by the need to balance conflicting human rights and the limits of interpretation. These thought-provoking and timely essays tackle an important and controversial area of law, that has real repercussions for the reputation of the law, the role of judges and the independence of the court system in Australia."--Provided by publisher

How should international treaties be interpreted over time? This book offers fresh insights on this age-old question. The Vienna Convention on the Law of Treaties (VCLT) sets out the rules for interpretation, stipulating that treaties should be interpreted inter alia according to the 'ordinary meaning' of the text. Evolutive interpretation has been considered since the times of Gentili and Grotius, but this is the first book to systematically address what evolutive interpretation looks like in reality. It sets out to address how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static. With the VCLT as its point of departure, this study develops a functional reconstruction of the rules of treaty interpretation, and explores and analyses how the International Court of Justice and the European Court of Human Rights have approached the issue