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Interpretation and construction of law. Lacunae in law

Most popular at the top

  • Interpretation and Legal Theoryby Andrei Marmor

    Hart 2005; US$ 88.80

    This work provides a critical assessment of Ronald Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. more...

  • Yearbook of Islamic and Middle Eastern Law, Volume 9 (2002-2003)by Eugene Cotran; Martin Lau

    BRILL 2004; US$ 345.00

    Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. more...

  • Theory of Legal Principlesby Humberto Avila

    Springer 2007; US$ 139.00

    This book intends to help understand and apply principles and rules better. Its target is to keep the distinction between principles and rules whereas structuring it on different foundations than those jurisprudence ordinarily employs. The first object of investigation is the phenomenon of interpretation in Law in order to understand that the classification of certain normative species as either principles or rules depends in the first place on axiological connections that are not ready prior to the interpretation process that unveils them. Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order. Thirdly, the conditions for the application of principles... more...

  • Law and Objectivityby Kent Greenawalt

    Oxford University Press, USA 1995; US$ 50.00

    In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last... more...

  • The Yearbook of Consumer Law 2008by Christian Twigg-Flesner; Deborah Parry; Geraint Howells

    Ashgate Publishing Ltd 2008; US$ 190.00

    The Yearbook of Consumer Law provides a valuable outlet for high quality scholarly work which tracks developments in the consumer law field with a domestic, regional and international dimension. Furthermore, it provides an essential resource for all those, academic and practitioner, working in the areas of consumer law and policy. more...

  • The Yearbook of Consumer Law 2009by Deborah Parry; Annette Nordhausen; Geraint Howells

    Ashgate Publishing Ltd 2009; US$ 190.00

    The Yearbook of Consumer Law 2009 presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as credit, consumer redress and the impact of the European Union on consumer law. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments and important court decisions. more...

  • Interpretation of Law in the Global Worldby Joanna Jemielniak; Przemyslaw Miklaszewicz

    Springer 2010; US$ 189.00

    Capturing the development of universalizing tendencies in legal interpretation, this book offers both an extensive theoretical background and thorough studies on adjudicatory practice in such fields as European and constitutional law, international business law and arbitration or criminal law. more...

  • Law, Hermeneutics and Rhetoricby Francis J. Mootz

    Ashgate Publishing Ltd 2010; US$ 210.00

    This collection of Mootz's classic essays argues that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. Whereas contemporary legal theory is fragmented, this 'return' to hermeneutics and rhetoric as touchstones for law embraces dynamic traditions and provides the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization. more...

  • The Language of Statutesby Lawrence M. Solan

    University of Chicago Press 2010; US$ 36.00

    Pulling the rug out from debates about interpretation, The Language of Statutes joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly contested area. Here, Lawrence M. Solan argues that statutory interpretation is alive, well, and not in need of the major overhaul that many have suggested. Rather, he suggests, the majority of people understand their rights and obligations most of the time, with difficult cases occurring in circumstances that we can predict from understanding when our minds do not work in a lawlike way. Solan explains that these cases arise because of the gap between our inability to write crisp yet flexible laws on one hand and the ways in which... more...

  • Why the Law Is So Perverseby Leo Katz

    University of Chicago Press 2011; US$ 22.50

    Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse , he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious... more...