Suchergebnisse

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.

"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

Demystifying Treaty Interpretation doesn't just tell you how treaties are commonly interpreted. It helps you understand also the process of treaty interpretation and its outcomes. The idea that rules of treaty interpretation can guide us to the meaning of treaty provisions, in a simple and straightforward manner, is a myth to be dispelled. This book aims to capture some of the complex and nuanced processes involved in treaty interpretation. It spurs further reflection about how interpretation takes place against the background of concepts, categories, and insights from other disciplines. A useful tool for scholars, practitioners and researchers engaging with treaty interpretation at all levels, the book aims to enhance the reader's knowledge and mastery of the interpretive process in all its elements, with a view to making them more skilled and effective players in the game of interpretation.

The policy-oriented approach of the New Haven School is widely recognized as a major contribution to the legal and jurisprudential debate on interpretation. Eschewing mechanical textual methods, on the one hand, and anti-textual, solipsistic methods, on the other, the New Haven School has developed a comprehensive and systematic approach to the interpretation of human communication. Drawing upon psychology, legal experience, and communications theory, of which Lasswell was a founder, the authors have developed a theoretically cogent and practical method of interpretation. In the course of doing it, they survey the existing literature, showing its problems. In addition to the original text of The Interpretation of Agreements, this edition includes a new introduction, in which developments since the appearance of the book are examined and appraised, and three important papers which elaborate the theory developed here, including Professor McDougal's scathing critique of the last major international conference on the law of treaties

Introduction. Methodology: History and nostalgia: reflections on John Wansbrough's The Sectarian Milieu; The limits of Islamic orthodoxy; Law; Tafsir from Tabari to Ibn Kathir: problems in the description of a genre, illustrated with reference to the story of Abraham. Early Islam: The sa'y and the jabin: some notes on Qur'an 37:102-3; Hinth, birr, tabarrur, tahannuth: an inquiry into the Arabic vocabulary of vows; From midrash to scripture: the sacrifice of Abraham in early Islamic tradition; The ummi in early Islamic juristic literature; The qurra' and the Arabic lexicographical tradition; The Barahima: literary construct and historical reality. Jurisprudence: a) Sunnism: Ikhtilaf and ijma' in Shafi'i's Risala; The significance of the term imam in early Islamic jurisprudence; Friday Prayer and the juristic theory of government: Sarakhsi, Shirazi, Mawardi; Exploring God's Law: Muhammad ibn Ahmad ibn Abi Sahl al-Sarakhsi on zakat; al-Nawawi's typology of muftis and its significance for a general theory of Islamic Law; The 'Uqud rasm al-mufti of Ibn al-'Abidin. b) Imami Shi'ism: Zakat in Imami Shi'i jurisprudence, from the 10th to the 16th century A.D.; Khums in Imami Shi'i jurisprudence, from the 10th to the 16th century A.D.; Accommodation and revolution in Imami Shi'i jurisprudence: Khumayni and the classical tradition; Legitimacy and accommodation in Safavid Iran: the juristic theory of Muhammad Baqir al-Sabzavari (d. 1090/1679); Doubt and prerogative: the emergence of an Imami Shi'i theory of ijtihad. Indexes.