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. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
The second edition includes the same critical reasoning and reading strategies, accompanied by hands-on practice exercises, that made the first edition such a success.
The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.
I will mention here two of the most important scholars of biblical law—Bernard S. Jackson and James W. Watts—who study the rhetoric and semiotics of biblical law.30 Jackson's and Watts's studies examine the formal features of the laws, ...
Reading the Law: A Critical Introduction to Legal Method and Techniques
This volume examines the nature, function, development and epistemological assumptions of the legal case in an interdisciplinary context.
This text is no mere reiteration of Weber's concepts. The volume contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts.
In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book.
Exploring how God intended the Law to work in its original context as well as the New Testament perspective on the Law, Richard Averbeck argues that the whole Law applies to Christians—our task is to discern how it applies in the light of ...
Reading Modern Law addresses the identification and elaboration of a critical methodology for reading and writing about law in modernity.