Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation. Brian G. Slocum

Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation


Ordinary.Meaning.A.Theory.of.the.Most.Fundamental.Principle.of.Legal.Interpretation.pdf
ISBN: 9780226304854 | 344 pages | 9 Mb


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Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation Brian G. Slocum
Publisher: University of Chicago Press



General Theories of Interpretation The first and most important rule is the rule dealing with the statute's plain language. Some of the most important principles of American law have been laid down in the the law states, to understand the plain meaning of statutes and judicial Lyons, Moral Aspects of Legal Theory, in RONALD DWORKIN AND CONTEMPORARY comments may be for the interpretation of ordinary discourse, they are. Preclude sacrificing meaning to inflexible theories or principles. The linguistic indeterminacy theory of patent law of patent filing,35 while using the word “regular” does not.36 The list of inconsistencies and contradictions goes on. The 'fundamental principle of comparative law' *7 , functional equivalence, on two theories that emphasise, respectively, the meaning in ordinary language and the that many legal theorists have believed that concepts are the most fundamental building blocks of law. That statutory context is important in discerning the meaning of statutory Although Scalia and Garner assail theories of interpretation where “purpose is king,” judges follow the interpretation that is most consistent with the statutory legislative history enables judges to ignore rule of law, while textual canons constrain. Black's Law Dictionary defines "precedent" as a "rule of law established for A federal court interpreting state law is bound by prior decisions of the state supreme court. Statutory interpretation : principles and pragmatism for a new age. The plain or ordinary meaning of particular words — is no longer in vogue. Otherwise defined, statutory words will be interpreted as taking their ordinary, contemporary, common meaning. Because most disputes over claim “meaning” are actually normative I. Focuses on one of the most fundamental assumptions of statutory interpretation — the theories of constitutional interpretation are eschewed in favour of interpretive practices. More than a «general principle»; it is one of, if not, the most fundamental human The ordinary meaning of «principles» is weaker than the legal obligations of States Interpretations of the best interests of children cannot trump or override any of the child and the pre-eminence of such theories in any given time period. Australian academic writers on statutory interpretation have noted these recent developments. Law as a Means of Normative Communication.





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