Legal Interpretation and Scientific Knowledge

Legal Interpretation and Scientific Knowledge

Author: David Duarte

Publisher: Springer Nature

Published: 2019-09-25

Total Pages: 251

ISBN-13: 3030186717

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This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.


Book Synopsis Legal Interpretation and Scientific Knowledge by : David Duarte

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Legal Alchemy

Legal Alchemy

Author: David L. Faigman

Publisher: Macmillan

Published: 2000-10-15

Total Pages: 260

ISBN-13: 0716741695

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Is scientific information misused by this country’s court system and lawmakers? Today more than ever before, lawyers, politicians, and government administrators are forced to wrestle with scientific research and to employ scientific thinking. The results are often less than enlightened. In Legal Alchemy, David Faigman explores the ways the American legal system incorporates scientific knowledge into its decision making. Praised by both legal and scientific communities when it first appeared in hardcover, Legal Alchemy shows how science has been used and misused in a variety of settings, including • The Courtroom—from the O. J. Simpson trial to the Dow Corning silicone breast implant lawsuit to landmark cases such as Roe v. Wade. • The Legislature—where Congress uses scientific information to help enact legislation about clean air, cloning, and government science projects like the space station and the superconducting super collider. • Government Agencies—who use science to determine policy on a variety of topics, from regulating sport utility vehicles to reintroducing gray wolves to Yellowstone National Park. As Faigman describes these and other important cases, he provides disturbing evidence that many judges, juries, and members of Congress simply don’t understand the science behind their decisions. Finally, he offers suggestions on how the science and legal professions can overcome their miscommunication and work together more effectively.


Book Synopsis Legal Alchemy by : David L. Faigman

Download or read book Legal Alchemy written by David L. Faigman and published by Macmillan. This book was released on 2000-10-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is scientific information misused by this country’s court system and lawmakers? Today more than ever before, lawyers, politicians, and government administrators are forced to wrestle with scientific research and to employ scientific thinking. The results are often less than enlightened. In Legal Alchemy, David Faigman explores the ways the American legal system incorporates scientific knowledge into its decision making. Praised by both legal and scientific communities when it first appeared in hardcover, Legal Alchemy shows how science has been used and misused in a variety of settings, including • The Courtroom—from the O. J. Simpson trial to the Dow Corning silicone breast implant lawsuit to landmark cases such as Roe v. Wade. • The Legislature—where Congress uses scientific information to help enact legislation about clean air, cloning, and government science projects like the space station and the superconducting super collider. • Government Agencies—who use science to determine policy on a variety of topics, from regulating sport utility vehicles to reintroducing gray wolves to Yellowstone National Park. As Faigman describes these and other important cases, he provides disturbing evidence that many judges, juries, and members of Congress simply don’t understand the science behind their decisions. Finally, he offers suggestions on how the science and legal professions can overcome their miscommunication and work together more effectively.

Judging Under Uncertainty

Judging Under Uncertainty

Author: Adrian Vermeule

Publisher: Harvard University Press

Published: 2006

Total Pages: 356

ISBN-13: 9780674022102

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In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.


Book Synopsis Judging Under Uncertainty by : Adrian Vermeule

Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Language and Legal Interpretation in International Law

Language and Legal Interpretation in International Law

Author: Anne Lise Kjaer

Publisher: Oxford University Press

Published: 2022-03-08

Total Pages: 361

ISBN-13: 0190855223

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International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition--in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations--cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.


Book Synopsis Language and Legal Interpretation in International Law by : Anne Lise Kjaer

Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjaer and published by Oxford University Press. This book was released on 2022-03-08 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition--in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations--cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.

New Insights into the Semantics of Legal Concepts and the Legal Dictionary

New Insights into the Semantics of Legal Concepts and the Legal Dictionary

Author: Martina Bajčić

Publisher: John Benjamins Publishing Company

Published: 2017-04-12

Total Pages: 236

ISBN-13: 902726600X

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This book focuses on legal concepts from the dual perspective of law and terminology. While legal concepts frame legal knowledge and take center stage in law, the discipline of terminology has traditionally been about concept description. Exploring topics common to both disciplines such as meaning, conceptualization and specialized knowledge transfer, the book gives a state-of-the-art account of legal interpretation, legal translation and legal lexicography with special emphasis on EU law. The special give-and-take of law and terminology is illuminated by real-life legal cases which demystify the ways courts do things with concepts. This original approach to the semantics of legal concepts is then incorporated into the making of a legal dictionary, thus filling a gap in the theory and practice of legal lexicography. With its rich repertoire of examples of legal terms in different languages, the book provides a blend of theory and practice, making it a valuable resource not only for scholars of law, language and lexicography but also for legal translators and students.


Book Synopsis New Insights into the Semantics of Legal Concepts and the Legal Dictionary by : Martina Bajčić

Download or read book New Insights into the Semantics of Legal Concepts and the Legal Dictionary written by Martina Bajčić and published by John Benjamins Publishing Company. This book was released on 2017-04-12 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on legal concepts from the dual perspective of law and terminology. While legal concepts frame legal knowledge and take center stage in law, the discipline of terminology has traditionally been about concept description. Exploring topics common to both disciplines such as meaning, conceptualization and specialized knowledge transfer, the book gives a state-of-the-art account of legal interpretation, legal translation and legal lexicography with special emphasis on EU law. The special give-and-take of law and terminology is illuminated by real-life legal cases which demystify the ways courts do things with concepts. This original approach to the semantics of legal concepts is then incorporated into the making of a legal dictionary, thus filling a gap in the theory and practice of legal lexicography. With its rich repertoire of examples of legal terms in different languages, the book provides a blend of theory and practice, making it a valuable resource not only for scholars of law, language and lexicography but also for legal translators and students.

Purposive Interpretation in Law

Purposive Interpretation in Law

Author: Aharon Barak

Publisher: Princeton University Press

Published: 2011-10-16

Total Pages: 444

ISBN-13: 1400841267

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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.


Book Synopsis Purposive Interpretation in Law by : Aharon Barak

Download or read book Purposive Interpretation in Law written by Aharon Barak and published by Princeton University Press. This book was released on 2011-10-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Knowledge and Analogy

Legal Knowledge and Analogy

Author: Patrick Nerhot

Publisher: Springer Science & Business Media

Published: 1990-12-31

Total Pages: 266

ISBN-13: 9780792310655

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The Analogy between Logic and Dialogic of Law.- Analogy as Legal Reasoning - The Hermeneutic Foundation of the Analogical Procedure.- Milking the Meter - On Analogy, Universalizability and World Views.- The Function of Analogy in Law: Return to Kant and Wittgenstein.- Analogy in Legal Science: Some Comparative Observations.- Legal Analogy between Interpretive Arguments and Productive Arguments.- Legal Knowledge and Meaning (The Example of Legal Analogy).- Analogical Reasoning and Legal Institutions.- Analogy in the Law.


Book Synopsis Legal Knowledge and Analogy by : Patrick Nerhot

Download or read book Legal Knowledge and Analogy written by Patrick Nerhot and published by Springer Science & Business Media. This book was released on 1990-12-31 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Analogy between Logic and Dialogic of Law.- Analogy as Legal Reasoning - The Hermeneutic Foundation of the Analogical Procedure.- Milking the Meter - On Analogy, Universalizability and World Views.- The Function of Analogy in Law: Return to Kant and Wittgenstein.- Analogy in Legal Science: Some Comparative Observations.- Legal Analogy between Interpretive Arguments and Productive Arguments.- Legal Knowledge and Meaning (The Example of Legal Analogy).- Analogical Reasoning and Legal Institutions.- Analogy in the Law.

Toward an Informal Account of Legal Interpretation

Toward an Informal Account of Legal Interpretation

Author: Allan C. Hutchinson

Publisher: Cambridge University Press

Published: 2016-10-20

Total Pages: 199

ISBN-13: 1107152321

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The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.


Book Synopsis Toward an Informal Account of Legal Interpretation by : Allan C. Hutchinson

Download or read book Toward an Informal Account of Legal Interpretation written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2016-10-20 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.

Scientific Knowledge

Scientific Knowledge

Author: J.H. Fetzer

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 336

ISBN-13: 9400985584

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With this defense of intensional realism as a philosophical foundation for understanding scientific procedures and grounding scientific knowledge, James Fetzer provides a systematic alternative to much of recent work on scientific theory. To Fetzer, the current state of understanding the 'laws' of nature, or the 'law-like' statements of scientific theories, appears to be one of philosophical defeat; and he is determined to overcome that defeat. Based upon his incisive advocacy of the single-case propensity interpretation of probability, Fetzer develops a coherent structure within which the central problems of the philosophy of science find their solutions. Whether the reader accepts the author's contentions may, in the end, depend upon ancient choices in the interpretation of experience and explanation, but there can be little doubt of Fetzer's spirited competence in arguing for setting ontology before epistemology, and within the analysis of language. To us, Fetzer's ambition is appealing, fusing, as he says, the substantive commitment of the Popperian with the conscientious sensitivity of the Hempelian to the technical precision required for justified explication. To Fetzer, science is the objective pursuit of fallible general knowledge. This innocent character ization, which we suppose most scientists would welcome, receives a most careful elaboration in this book; it will demand equally careful critical con sideration. Center for the Philosophy and ROBERT S. COHEN History of Science, MARX W. WARTOFSKY Boston University October 1981 v TABLE OF CONTENTS EDITORIAL PREFACE v FOREWORD xi ACKNOWLEDGEMENTS xv PART I: CAUSATION 1.


Book Synopsis Scientific Knowledge by : J.H. Fetzer

Download or read book Scientific Knowledge written by J.H. Fetzer and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this defense of intensional realism as a philosophical foundation for understanding scientific procedures and grounding scientific knowledge, James Fetzer provides a systematic alternative to much of recent work on scientific theory. To Fetzer, the current state of understanding the 'laws' of nature, or the 'law-like' statements of scientific theories, appears to be one of philosophical defeat; and he is determined to overcome that defeat. Based upon his incisive advocacy of the single-case propensity interpretation of probability, Fetzer develops a coherent structure within which the central problems of the philosophy of science find their solutions. Whether the reader accepts the author's contentions may, in the end, depend upon ancient choices in the interpretation of experience and explanation, but there can be little doubt of Fetzer's spirited competence in arguing for setting ontology before epistemology, and within the analysis of language. To us, Fetzer's ambition is appealing, fusing, as he says, the substantive commitment of the Popperian with the conscientious sensitivity of the Hempelian to the technical precision required for justified explication. To Fetzer, science is the objective pursuit of fallible general knowledge. This innocent character ization, which we suppose most scientists would welcome, receives a most careful elaboration in this book; it will demand equally careful critical con sideration. Center for the Philosophy and ROBERT S. COHEN History of Science, MARX W. WARTOFSKY Boston University October 1981 v TABLE OF CONTENTS EDITORIAL PREFACE v FOREWORD xi ACKNOWLEDGEMENTS xv PART I: CAUSATION 1.

Reading Law

Reading Law

Author: Antonin Scalia

Publisher: West Publishing Company

Published: 2012

Total Pages: 0

ISBN-13: 9780314275554

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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.


Book Synopsis Reading Law by : Antonin Scalia

Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.