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Purposive Interpretation in Law »

Book cover image of Purposive Interpretation in Law by Aharon Barak

Authors: Aharon Barak, Sari Bashi
ISBN-13: 9780691133744, ISBN-10: 0691133743
Format: Paperback
Publisher: Princeton University Press
Date Published: August 2007
Edition: (Non-applicable)

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Author Biography: Aharon Barak

Aharon Barak was president of the Supreme Court of Israel until his retirement in 2006. He is the author of Judicial Discretion, The Judge in a Democracy, numerous articles in English-language law journals, and several books in Hebrew. He is the winner of the 2006 Gruber Justice Prize from the Peter and Patricia Gruber Foundation. He is the author of "Judicial Discretion" (Yale), numerous articles in English-language law journals, and several books in Hebrew.

Book Synopsis

"This book offers a comprehensive—indeed magisterial—account of and argument for a more or less unified approach to the interpretation of legal items—rules, regulations, statutes, contracts, wills, trusts, and constitutions. Its thesis is novel and will generate both thought and controversy. That a judge of Aharon Barak's prominence has produced a work of such scholarly depth, jurisprudential insight, and care in research and documentation is itself a major accomplishment."—Frederick Schauer, Frank Stanton Professor of the First Amendment, John F. Kennedy School of Government, Harvard University, author of Playing by the Rules and Profiles, Probabilities, and Stereotypes

"This book provides the carefully worked out and sifted results of concentrated thought by a leading judicial scholar and intellect on a topic of first importance to law. Justice Barak puts his approach, called 'purposive interpretation,' on display in elaborate detail that makes his presentation a formidable one. He is a deeply experienced, eminent judge with a deserved reputation for high intelligence, scholarship, wisdom, and reflectiveness about the work of judging—qualities plainly in evidence here."—Frank I. Michelman, Robert Walmsley University Professor of Law, Harvard University, author of Brennan and Democracy

David Pannick, QC - The Times

One of the most respected judges serving today is Aharon Barak, President of the Supreme Court of Israel. His commitment to the rule of law and constitutional rights, and his encyclopedic knowledge of the history, case law and principles of a wide variety of legal systems, are at the heart of Purposive Interpretation in Law. In this major work of legal philosophy, Barak develops a legal theory to explain how judges should resolve cases which depend on the interpretation of texts, whether contracts, statutes or constitutions.

Table of Contents

Ch. 1What is legal interpretation?3
Ch. 2Non-interpretive doctrines61
Ch. 3The essence of purposive interpretation85
Ch. 4The semantic component of purposive interpretation97
Ch. 5The purposive component of purposive interpretation110
Ch. 6Subjective purpose : authorial intent120
Ch. 7Objective purpose : intent of the reasonable author; intent of the system148
Ch. 8The purposive component : ultimate purpose182
Ch. 9Discretion as a component in purposive interpretation207
Ch. 10The theoretical basis for purposive interpretation218
Ch. 11Purposive interpretation and its critique of other systems of interpretation260
Ch. 12The interpretation of wills307
Ch. 13The interpretation of contracts318
Ch. 14Statutory interpretation339
Ch. 15Constitutional interpretation370
App. 1The structure of legal interpretation395
App. 2Purposive interpretation396
App. 3Weighting subjective and objective purposes397

Subjects