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Realms of Legal Interpretation - Core Elements and Critical Variations (Hardcover)
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Realms of Legal Interpretation - Core Elements and Critical Variations (Hardcover)
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Legal norms may forbid, require, or authorize a particular form of
behavior. The law of contracts, for example, informs people how to
enter into agreements that will bind both sides, and from this we
establish legal requirements on how they should behave. In public
law, legal standards provide authority to legislators and executive
officials to set standards for citizens, and also give judges the
authority to decide disputes by applying and interpreting governing
standards. In Realms of Legal Interpretation, Kent Greenawalt
focuses on how courts decide what is legally forbidden or
authorized, and how context shapes their decisions. The problem, he
argues, is that we do not, and never have, agreed exist on all the
details of the standards United States judges should employ-like
everyone else, judges have different ideas of what constitutes good
common sense. Moreover, circumstance regularly throws up hurdles.
For instance, what should a judge do if the text of a statute does
not fit the intention of the legislators, or if someone has
obviously and mistakenly omitted a necessary item from a will or
contract? Different judges react in different ways. Acknowledging
that courts will never agree upon a uniform approach to applying
norms and interpreting the law, Greenawalt's aim is to provide a
capacious, user-friendly model for approaching hard cases sensibly
in both public and private law. Just as importantly, the book
serves as a pithy guide to the major forms of legal interpretation
for nonlawyers. Ultimately, Realms of Legal Interpretation
represents a pithy distillation of Greenawalt's many works on the
theories that anchor legal interpretation in America's legal
system.
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