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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. The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated. - Publisher.
Law --- Judicial process --- Statutes --- Jurisprudence. --- Legal reasoning --- Jurisprudence --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutory construction --- Judicial discretion --- Legal certainty --- Interpretation and construction. --- Philosophy. --- Methodology. --- Philosophy --- Construction --- Interpretation and construction --- Methodology
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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, poli
Law --- Objectivity. --- Knowledge, Theory of --- Reality --- Personal equation --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Interpretation and construction. --- Construction --- Interpretation and construction
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Law --- Derecho --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Interpretation and construction. --- Interpretación. --- Construction --- Interpretation and construction
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This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic.
Law --- Legal reasoning --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Interpretation and construction. --- Methodology. --- Construction --- Interpretation and construction
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Legal theory and methods. Philosophy of law --- Law --- Vagueness (Philosophy) --- Interpretation and construction. --- Language. --- Vagueness (Philosophy). --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Interpretation and construction --- Language --- Construction --- Philosophy --- Bill drafting --- Judicial discretion --- Judicial process --- Legal certainty --- Law - Interpretation and construction. --- Law - Language.
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Legal theory and methods. Philosophy of law --- Law --- Interpretation and construction. --- 168.522 --- Geesteswetenschappen. Menswetenschappen. Sociale wetenschappen. Antropologie --- 168.522 Geesteswetenschappen. Menswetenschappen. Sociale wetenschappen. Antropologie --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Interpretation and construction --- Construction --- Law, General & Comparative --- Law, Politics & Government --- Law - Interpretation and construction.
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Logic and law --- Law --- Methodology --- Interpretation and construction --- 340.16 <430.1> --- Legal reasoning --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- 340.16 <430.1> Juridische logica. Juridische software--Westduitsland. Bondsrepubliek Duitsland --- Juridische logica. Juridische software--Westduitsland. Bondsrepubliek Duitsland --- Construction --- Law - Methodology --- Law - Interpretation and construction
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Law --- -Law --- -Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Interpretation and construction --- Sources --- Methodology --- -Interpretation and construction --- Legal reasoning --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- History --- Construction
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Law --- -Law --- -Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Interpretation and construction. --- -Interpretation and construction. --- United States --- Interpretation and construction --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Construction --- Judicial discretion --- Judicial process --- Legal certainty
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Law --- Interpretation and construction. --- Philosophy. --- -Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Interpretation and construction --- -Philosophy --- -Interpretation and construction --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Philosophy --- Construction --- Law - Interpretation and construction. --- Law - Philosophy
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