Read The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner

The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner

William D. Popkin

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Description:This book deals with the central question in statutory interpretation ― the role of the judge. It argues that it is both legitimate and desirable for the interpreter to take into account policy considerations when determining the meaning of a statute. The author calls this pragmatic judicial partnering. The pragmatic approach rejects two traditional views of the judicial role ― textualism and intentionalism ― which assume that the interpreter is nothing but a legislative agent. Part I of the book makes the case for pragmatic judicial partnering. My claim is that pragmatic interpretation is constitutional, that it provides the best description of statutory interpretation, and that it is the best normative conception of how judges should interpret legislation. It also argues that judicial opinions should reveal the indeterminacy that is inherent in determining the meaning of legislation and the creative role that judges play in shaping that meaning. Part II is a critique of the leading advocates of the view that judge should be legislative agents ― Justice Scalia and Professor Manning (both textualists); Professor Elhauge (an intentionalist); and Professor Vermeule (an institutional literalist). An Epilogue indentifies the fundamental issue as one of legal culture. It suggests that we may be entering a period where mistrust of judging leads to rejection of pragmatic judicial partnering in favor of the judge-as-legislative-agent.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner. To get started finding The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner, you are right to find our website which has a comprehensive collection of manuals listed.
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Pages: 232

Format: PDF, EPUB & Kindle Edition

Publisher: Carolina Academic Press

Release: 2013

ISBN: 1611634067

Description: This book deals with the central question in statutory interpretation ― the role of the judge. It argues that it is both legitimate and desirable for the interpreter to take into account policy considerations when determining the meaning of a statute. The author calls this pragmatic judicial partnering. The pragmatic approach rejects two traditional views of the judicial role ― textualism and intentionalism ― which assume that the interpreter is nothing but a legislative agent. Part I of the book makes the case for pragmatic judicial partnering. My claim is that pragmatic interpretation is constitutional, that it provides the best description of statutory interpretation, and that it is the best normative conception of how judges should interpret legislation. It also argues that judicial opinions should reveal the indeterminacy that is inherent in determining the meaning of legislation and the creative role that judges play in shaping that meaning. Part II is a critique of the leading advocates of the view that judge should be legislative agents ― Justice Scalia and Professor Manning (both textualists); Professor Elhauge (an intentionalist); and Professor Vermeule (an institutional literalist). An Epilogue indentifies the fundamental issue as one of legal culture. It suggests that we may be entering a period where mistrust of judging leads to rejection of pragmatic judicial partnering in favor of the judge-as-legislative-agent.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner. To get started finding The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner

The Judicial Role: Statutory Interpretation and the Pragmatic Judicial Partner

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