Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingl…
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 conceptualise the elements of ordinary meaning? He provides a revised framework,…
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--b…
Présentation de l'éditeur : "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 d…
"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 -…
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--b…
How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary…
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"How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciar…
Présentation de l'éditeur : "In an ideal world, the laws of Congress-known as federal statutes-would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judge…
Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzma…