Ordinary Meaning : A Theory of the Most Fundamental Principle of Legal Interpretation
Book Details
Format
Hardback or Cased Book
ISBN-10
022630485X
ISBN-13
9780226304854
Publisher
The University of Chicago Press
Imprint
University of Chicago Press
Country of Manufacture
US
Country of Publication
GB
Publication Date
Dec 22nd, 2015
Print length
344 Pages
Weight
642 grams
Dimensions
16.30 x 23.60 x 2.80 cms
Product Classification:
Jurisprudence & general issues
Ksh 10,900.00
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Consider this court case: a defendant has traded a gun for drugs, and there is a criminal sentencing provision that stipulates an enhanced punishment if the defendant "uses" a firearm "during and in relation to a drug trafficking crime." Buying the drugs was obviously a crime - but can it be said that the defendant actually "used" the gun? This is the sort of question at the heart of legal interpretation. The field is built around one key question: by what standard should legal texts be interpreted? The traditional doctrine is that words should be given their "ordinary meaning": words in legal texts should be interpreted in light of accepted standards of communication. Yet often, courts fail to properly consider context, refer to unsuitable dictionary definitions, or otherwise misconceive how the ordinary meaning of words should be determined. In this book, Brian Slocum builds his argument for a new method of interpretation by asking glaring, yet largely ignored, questions. What makes one particular meaning the "ordinary" one, and how exactly do courts conceptualize the elements of ordinary meaning?Ordinary Meaning provides a much-needed, revised framework, boldly instructing those involved with the law in how the components of ordinary meaning should properly be identified and developed in our modern legal system.
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