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Purposive Interpretation in Law


ISBN13: 9780691133744
Published: October 2007
Publisher: Princeton University Press
Country of Publication: USA
Format: Paperback
Price: £40.00
Hardback edition out of print, ISBN13 9780691120072



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This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, different theories of interpretation are applied to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that what he calls "purposive interpretation" allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to important differences.

As Barak explains, the criterion for establishing which of the semantic meanings of a given text equates with the legal meaning is the text's "purpose." Establishing the ultimate purpose - and thus the legal meaning - depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation.

Determining this is easy when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the text. For example, subjective purpose is given more weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with those of other leading jurists such as Antonin Scalia, Richard Posner, and Ronald Dworkin.

Subjects:
Jurisprudence
Contents:
Introduction
PART ONE: INTERPRETATION
Chapter One: What Is Legal Interpretation?
Chapter Two: Non-Interpretive Doctrines
PART TWO PURPOSIVE INTERPRETATION
Chapter Three: The Essence of Purposive Interpretation
Chapter Four: The Semantic Component of Purposive Interpretation
Chapter Five: The Purposive Component of Purposive Interpretation
Chapter Six: Subjective Purpose: Authorial Intent
Chapter Seven: Objective Purpose: Intent of the Reasonable Author
Intent of the System
Chapter Eight: The Purposive Component: Ultimate Purpose
Chapter Nine: Discretion as a Component in Purposive Interpretation
Chapter Ten: The Theoretical Basis for Purposive Interpretation
Chapter Eleven: Purposive Interpretation and Its Critique of Other
PART THREE INTERPRETATION IN LAW
Chapter Twelve: The Interpretation of Wills
Chapter Thirteen: The Interpretation of Contracts
Chapter Fourteen: Statutory Interpretation
Chapter Fifteen: Constitutional Interpretation

Appendix 1. The Structure of Legal Interpretation
Appendix 2. Purposive Interpretation
Appendix 3. Weighting Subjective and Objective Purposes
Index