David J. Bederman

Classical Canons: Rhetoric, Classicism and Treaty Interpretation: Rhetoric, Classicism and Treaty Interpretation

Classical Canons: Rhetoric, Classicism and Treaty Interpretation: Rhetoric, Classicism and Treaty Interpretation

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  • More about Classical Canons: Rhetoric, Classicism and Treaty Interpretation: Rhetoric, Classicism and Treaty Interpretation

This title examines the origin and significance of legal interpretation canons, which are special rules used to interpret legal texts. It offers an intellectual history of these rules, concluding that they originated in classical antiquity.

\n Format: Hardback
\n \n Publication date: 01 January 2021
\n Publisher: Taylor & Francis Ltd
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This title was first published in 2001. This comprehensive volume delves into a profound legal and jurisprudential inquiry, exploring the origins and enduring significance of the special rules employed in the interpretation of legal texts. Through an intellectual journey spanning centuries, this study unveils the historical roots of these rules, known as canons, and conclusively establishes their ancient origins in classical antiquity.

The study begins by tracing the historical development of these interpretive principles, examining their emergence in various legal systems and cultures throughout history. It scrutinizes the philosophical foundations upon which these canons were built, analyzing the rationales and ethical considerations that informed their creation. The text also delves into the practical applications of these rules, examining how they have been employed by legal scholars, judges, and practitioners to resolve complex legal disputes and interpret statutes and contracts.

One of the key findings of the study is that the canons of interpretation have played a pivotal role in shaping the evolution of legal systems and the development of legal theory. They have provided a framework for interpreting legal texts in a consistent and principled manner, ensuring that legal decisions are based on a common understanding of the law. Moreover, the canons have been adaptable and flexible, allowing them to evolve with changing societal norms and legal developments.

Despite their enduring significance, the study acknowledges that the canons of interpretation are not without their limitations and challenges. One of the primary concerns is the potential for interpretive rigidity, where the strict application of these rules may lead to unintended consequences or a narrow interpretation of the law. Additionally, the study highlights the importance of contextualizing and applying the canons in a broader legal and social context, recognizing the diverse perspectives and experiences of different communities and individuals.

In conclusion, this volume offers a comprehensive and insightful exploration of the origins and significance of the canons of interpretation. It provides a valuable contribution to the field of legal scholarship, shedding light on the historical roots of these rules and their enduring impact on the legal profession. Through its intellectual journey, the study encourages a deeper understanding of the role of interpretation in shaping the legal landscape and promotes a more nuanced and inclusive approach to legal interpretation.

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ISBN-13: 9781138634817\n \n

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