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Language and Legal Interpretation in International Law (Hardcover)
Loot Price: R2,851
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Language and Legal Interpretation in International Law (Hardcover)
Series: Oxford Studies in Language and Law
Expected to ship within 12 - 17 working days
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International law is usually communicated in more than one language
and reflects common norms that lawyers and adjudicators across
national legal cultures agree on and develop together. As a result,
the negotiation of the wording and meaning of international
legislative texts is an integral part of legal interpretation in
international law. This book sheds light on that essential
interpretation process. Language and Legal Interpretation in
International Law treats the subject from the perspective of recent
legal and linguistic theories of meaning. Anne Lise Kjaer and
Joanna Lam bring together internationally renowned experts to
provide strong theoretical and practical foundations for the study
of legal interpretation in such fields as human rights law,
international trade, investment and commercial law, EU law, and
international criminal law. The volume explains how the positivist
tradition-in which interpretation is understood as an automatic
process by which judges simply apply the text of legislative
instruments to specific fact situations-cannot be upheld in an era
of pragmatic and cognitive meaning theories. Those theories instead
focus on the context of interpretation and on the interpreter as a
co-producer of meaning. Through a collection of thoroughly
researched and timely essays, this book explores the linguistically
and culturally diversified world of meaning-making in international
law.
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