Ebook BookThe Nature of Legislative Intent (Oxford Legal Philosophy)

[PDF.3BFd] The Nature of Legislative Intent (Oxford Legal Philosophy)

[PDF.3BFd] The Nature of Legislative Intent (Oxford Legal Philosophy)

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Book Details :
Published on: 2016-04-11
Released on: 2016-02-11
Original language: English

Are legislatures able to form and act on intentions The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory. Hinduism facts information pictures Encyclopedia.com ... Also over time an increasing emphasis seems to have been put not only on the simple performance of the ritual but also on mystical knowledge of the hidden meanings ... University of Oxford - Wikipedia The University of Oxford (informally Oxford University or simply Oxford) is a collegiate research university located in Oxford England United Kingdom. Law and Economics Internet Encyclopedia of Philosophy Law and Economics. The law and economics movement applies economic theory and method to the practice of law. It asserts that the tools of economic reasoning offer the ... History of Western Philosophy - Journey in Being Possibilities for a third edition. Integrate with History. Show the evolution of thought. The latest thought is not always the peak of thought; it may be concerned ... Protagoras Internet Encyclopedia of Philosophy Surprising little is known of Protagoras' life with any certainty. Our main sources of information concerning Protagoras are: The first step in understanding ... Law - Wikipedia The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?" while analytic jurisprudence asks "what is law?" Precedent and Analogy in Legal Reasoning (Stanford ... 1. Precedent and analogy in legal reasoning. Arguments from precedent and analogy are characteristic of legal reasoning. Legal reasoning differs in a number of ways ... Benjamin Cardozo The Nature of the Judicial Process ... THE NATURE OF THE JUDICIAL PROCESS. Lecture I. Introduction. The Method of Philosophy. THE work of deciding cases goes on every day in hundreds of courts throughout ... Aquinas' Moral Political and Legal Philosophy (Stanford ... 1. Interpretations and method. Aquinas' moral and political philosophy has to be reconstructed from his theological treatises and commentaries and his commentaries on ... Reformation facts information pictures Encyclopedia ... REFORMATION CATHOLIC. REFORMATION CATHOLIC. In their attempts to characterize the nature of early modern Catholicism historians have utilized the terms "Counter ...
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