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Text and Interpretation: Imam Ja'far al-Sadiq and his Legacy in Islamic Law examines the main characteristics of the legal thought of Imam Ja'far al-Sadiq, a preeminent religious scholar and jurist of Medina in the first half of the second centuty of the Islamic calendar (mid-eighth century CE), Numerous works in different languages have appeared over the past half century to introduce this school of Islamic law and its history, legal theory, and substance in contexts of Shi'i law. While previous literature has focused on the later stages of the school in its developed and expanded form, this book presents an intellectual history of how the school began. The Ja'fari school emerged within the general legal discourse of late Umayyad and early Abbasid periods, but it was known to differ in certain approaches from the other main legal schools of that time. In addition to sketching the origins of the school, this book examines Ja'far al-Sadiq's interpretive approach through detailing his position on a number of specific questions, as well as the legal canons, presumptions, and other interpretive tools he adopted. Book jacket.
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Written in a lively and accessible style, the book will provoke debate among students and scholars alike. Throughout, Terence Ball shows just how exciting and important political theory can be.
"What does interpretation really mean? What does it look like in the classroom? How can we effectively teach students at all reading levels to be successful at constructing interpretations?"-- Back cover.
In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalts meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
This comprehensive exploration of the interpretive process, now available in paperback, has served as a successful textbook. It focuses on the three "worlds" of biblical interpretation--the world of the author, the world of the text, and the world of the reader--to help students develop an integrated hermeneutical strategy. The book offers clear explanations of interpretive approaches, which are supported by helpful biblical examples, and succinct synopses of various interpretive methods. Pedagogical aids include end-of-chapter review and study sections with key terms, study questions, and suggestions for further reading.
Christianity believes in a God who acts in history. The Bible tells us the story of God’s actions in Israel, culminating in the ministry of Jesus of Nazareth and the spreading of the gospel from Jerusalem to Rome. The issue of history is thus unavoidable when it comes to reading the Bible. Volume 4 of the Scripture and Hermeneutics Series looks at how history has dominated biblical studies under the guise of historical criticism. This book explores ways in which different views of history influence interpretation. It considers the implications of a theology of history for biblical exegesis, and in several case studies it relates these insights to particular texts. “Few topics are more central to the task of biblical interpretation than history, and few books open up the subject in so illuminating and thought-provoking a manner as this splendid collection of essays and responses.” Hugh Williamson, Regius Professor of Hebrew, University of Oxford, England “. . . breaks new ground in its interdisciplinary examination of the methodology, presuppositions, practices and purposes of biblical hermeneutics, with a special emphasis on the relation of faith and history.” Eleonore Stump, Robert J. Henle Professor of Philosophy, Saint Louis University, United States “This volume holds great promise for the full-fledged academic recovery of the Bible as Scripture. It embodies an unusual combination of world-class scholarship, historic Christian orthodoxy, bold challenges to conventional wisdom, and the launching of fresh new ideas.” Al Wolters, Professor of Religion and Theology, Redeemer University College, Ontario, Canada “The essays presented here respect the need and fruitfulness of a critical historiography while beginning the much-needed process of correcting the philosophical tenets underlying much modern and postmodern biblical research. The result is a book that mediates a faith understanding, both theoretical and practical, of how to read the Bible authentically as a Christian today.” Francis Martin, Chair, Catholic-Jewish Theological Studies, John Paul II Cultural Center, Washington, D.C. Not only is history central to the biblical story, but from a Christian perspective history revolves around Jesus Christ. All roads of human activity before Christ lead up to him, and all roads after Christ connect with him. A concern with history and God’s action in it is a central characteristic of the Bible. The Bible furnishes us with an account of God's interactions with people and with the nation of Israel that stretches down the timeline from creation to the early church. It tells us of real men, women, and children, real circumstances and events, real cultures, places, languages, and worldviews. And it shows us God at work in human affairs, revealing his character and heart through his activities. “Behind” the Text examines the correlation between history and the Bible. For the scholar, student, and informed reader of the Bible, this volume highlights the importance of history for biblical interpretation, and looks at how history has and should influence interpretation.
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. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.