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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

Classical Canons

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David J. BedermanEmory University School of Law, Atlanta, USA

ISBN13: 9780754621614
ISBN: 0754621618
Published: March 2003
Publisher: Routledge
Format: Hardback
Price: Out of print

This volume examines a question of law and jurisprudence: where did the special rules used to interpret legal texts come from, and why do they remain significant today? This study offers an intellectual history of these rules, these ""canons"", and concludes they originated in classical antiquity.

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Antiquity: classical rhetoric and declamation; stasis and questions of legal interpretation; treaty making and interpretation in classical antiquity; roman legal science; ""Ius Interpetandi"" and ""Constitutio Legitima"". Intermezzo: transmission of the classical tradition of legal interpretation; Grotius and his followers on treaty construction; the Anglo-American reception. Modernity: canons of statutory interpretation today; the development of modern rules of treaty interpretation; a primer on modern American treaty interpretation; treaty readings by the Rehnquist Court; new canons for treaty construction. Coda: the uses and abuses of classicism in law.