Suchergebnisse

This Note surveys evidence concerning how early American Supreme Court Justices approached interpretation and construction based on an analysis of Supreme Court opinions from 1795 to 1805. An evaluation of this evidence indicates two main trends. First, the Justices engaged in interpretation and construction as a single process, alternating between textual and normative reasoning to determine the intent of the Framers or of Congress. In some cases, textual reasoning seemed determinative; in others, normative reasoning was decisive. This finding illustrates some tension between the idea of limiting judicial discretion in construction and applying methods of interpretation and construction that would have been used in the Founding Era. This may highlight important questions for some original methods originalists. Second, the Justices utilized a variety of tools and canons in the construction zone. Acquiescing to historical practice, deferring to national interest concerns, and using legislative evidence were all fair game. To the extent that modern-day theorists or jurists find Founding-era evidence of judicial practice relevant to contemporary debates about interpretation and construction, this Note offers evidence of how early American Justices went about determining the meaning of legal texts, and offers tentative conclusions about the implications for contemporary debates.

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.

In the daily work of lawyers, the interpretation of declarations of intent and contracts is a very difficult task, especially with regard to crossborder partners. This book contains informative proceedings from an international conference - held in Katowice, Poland - on the legal interpretation of private law in various legal regions. Topics include: the interpretation of foreign law by German courts * theories of interpretation in private law * the interpretation of contract under the German BGB and under the CFR * the interpretation of the juridical acts - a comparative perspective * the ""c