• Universal Purposive Interpretation in Law : 2015 Edition Universal Purposive Interpretation in Law : 2015 Edition

Universal Purposive Interpretation in Law : 2015 Edition

Product Code : 9788175346352

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This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach – purposive interpretation – allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately.

Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text’s “purpose” is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose – and thus the legal meaning-depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text’s author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don’t, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution.

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Brand / Publisher Universal Book Depot
Return Policy 15 Days
Edition 2015
ISBN 9788175346352
Author Barak Aharon
Language English
Board CBSE
Study Stream Law
Pages 443
Binding Paperback


Brand Information

Universal Book Depot's Self Scorer Errorless series is amongst the leading books referred by millions for preparation of JEE, AIEEE, NEET and similar competitive examinations. Their series of  Physics, Chemistry , Maths and Biology are amongst the largest selling books in India

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