|
Books > Law > Jurisprudence & general issues > Legal profession > General
Language shapes and reflects how we think about the world. It
engages and intrigues us. Our everyday use of language is quite
effortless we are all experts on our native tongues. Despite this,
issues of language and meaning have long flummoxed the judges on
whom we depend for the interpretation of our most fundamental legal
texts. Should a judge feel confident in defining common words in
the texts without the aid of a linguist? How is the meaning
communicated by the text determined? Should the communicative
meaning of texts be decisive, or at least influential? To fully
engage and probe these questions of interpretation, this volume
draws upon a variety of experts from several fields, who
collectively examine the interpretation of legal texts. In The
Nature of Legal Interpretation, the contributors argue that the
meaning of language is crucial to the interpretation of legal
texts, such as statutes, constitutions, and contracts. Accordingly,
expert analysis of language from linguists, philosophers, and legal
scholars should influence how courts interpret legal texts.
Offering insightful new interdisciplinary perspectives on
originalism and legal interpretation, these essays put forth a
significant and provocative discussion of how best to characterize
the nature of language in legal texts.
Courts, regulatory tribunals, and international bodies are often
seen as a last line of defense for environmental protection.
Governmental bodies at the national and provincial level enact and
enforce environmental law, and their decisions and actions are the
focus of public attention and debate. Court and tribunal decisions
may have significant effects on environmental outcomes, corporate
practices, and raise questions of how they may best be effectively
and efficiently enforced on an ongoing basis.Environment in the
Courtroom, Volume II examines major contemporary environmental
issues from an environmental law and policy perspective. Expanding
and building upon the concepts explored in Environment in the
Courtroom, it focuses on issues that have, or potentially could be,
the subject of judicial and regulatory tribunal processes and
decisions. This comprehensive work brings together leading
environmental law and policy specialists to address the protection
of the marine environment, issues in Canadian wildlife protection,
and the enforcement of greenhouse gas emissions regulation. Drawing
on a wide range of viewpoints, Environment in the Courtroom, Volume
II asks specific questions about and provides detailed examination
of Canada's international climate obligations, carbon pricing,
trading and emissions regulations in oil production, agriculture,
and international shipping, the protection of marine mammals and
the marine environment, Indigenous rights to protect and manage
wildlife, and much more. This is an essential book for students,
scholars, and practitioners of environmental law.
|
|