8 Ergebnisse.

Comparative Legal Interpretation focuses on textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. Greenawalt covers the dominant methods of legal interpretation, explaining their underlying structure and efficacy. But there are other issues involved. Which perspective should we prioritize-the writer or the reader? Should interpretation be abstract or contextual? Should it have a specific aim or a...

Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism, " claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and...

Constituting a collection of essays written over the last five decades about a wide range of topics, Kent Greenawalt's From the Bottom Up addresses vital ties between the law and political and moral philosophy.

In Realms of Legal Interpretation, Kent Greenawalt focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. The problem, he argues, is that we do not, and never have, agreed exist on all the details of the standards United States judges should employ¿like everyone else, judges have different ideas of what constitutes good common sense.

Within democratic societies, a deep division exists over the nature of community and the grounds for political life. Should the political order be neutral between competing conceptions of the good life or should it be based on some such conception? This book addresses one crucial set ofproblems raised by this division: What bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they fe...

This book uniquely presents a sophisticated account of possible approaches to constitutional interpretation and also examines how major provisions in the U.S. Constitution are, and should be, interpreted.

Should laws apply to everyone, or should some people be exempt because of conflicting religious or moral convictions? Through a close study of several cases, from abortion to taxes, Kent Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law.

Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof. The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses the Nonestablishment Clause and the Free Exercise Clause point in opposite directions. How should courts decide?