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Primer introducing institutional decisionmaking19 décembre 2001
I am C, Not X
- Publié sur Amazon.com
Greenawalt presents a very readable text that I recommend especially as a pre-law school read; offering breadth rather than depth covering the new legal process school superficially. Gives a good broad general forest view of the problems inherent in statutory interpretation, as seen in the current revival of textualism by Justice Scalia. Also discusses various notions of judicial restraint, the legislative process, sources of legislative history, the range of techniques of interpretation like Imaginative Reconstruction as espoused by Posner, Public Choice theory (Arrow's Theorem, manipulation of legislative history by both judges and legislature), democratic concepts of bicameralism clashing against authority usurping, use of textual and substantive canons, judicial deference to agency interpretation among other topics discussed. I'd highly suggest further reading. The best thing about this book is it's short, concise view (it's a cutely-sized little book). It's easy to follow from no background knowledge. Upon finishing it, I'd recommend proceeding onto "Legislation and Statutory Interpretation" by Eskridge and Frickey and Garrett (Eskridge and Frickey are the authors of practical reasoning interpretation, dynamic statutory interpretation thru their conceptualized 'funnel of abstraction' of hierarchy of authority from concrete to most abstract along a funnel of web of beliefs).
0 internautes sur 1 ont trouvé ce commentaire utile
terrible10 mars 2013
Gerard S. Murphy
- Publié sur Amazon.com
Unless the author is your Legislation professor, there is no reason to buy this book. It sort of gives an overview of many topics but it is boring as can be. There is no order to the book so reading chapters 1 through 5 will not help you with chapter 6. You can basically open the book to any of the 20 questions and you will be equally lost and dissatisfied with the answer. The class I took was called Statutory Interpretation. It dealt with the same issues as this book but my professors utter confusion was not in sync with this authors complete confusion. So really this was just a bad supplement for a bad law school course. I'll probably burn this book next time I want to make s'mores.