Judging Statutes
Judging Statutes
- ISBN 13:
9780199362134
- ISBN 10:
0199362130
- Format: Hardcover
- Copyright: 09/11/2014
- Publisher: Oxford University Press
- Newer Edition
Click the link below to purchase this eBook from our trusted partner, eCampus.com.
List Price $44.99 Save $1.57
This is a hard-to-find title. We are making every effort to obtain this item, but do not guarantee stock.
We Buy This Book Back!
Free Shipping On Every Order
Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
Extend or Purchase Your Rental at Any Time
Need to keep your rental past your due date? At any time before your due date you can extend or purchase your rental through your account.
Summary
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, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration
Judge Katzmann begins his argument with a look at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.