Judging Statutes (Hardcover)

Judge Robert Katzmann

ISBN 10: 0199362130 / ISBN 13: 9780199362134

Editore: Oxford University Press Inc, New York, 2014

Riguardo questo articolo

Hardcover. 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 judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing lawrelevant?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 ofAppeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explainsthe judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely onthe text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truthpart of its foundation, and therefore merits consideration. Drawing upon his background in law, government and political science, U.S. Second Circuit Chief Judge Robert A. Katzmann contends that Congress's work product - including sources beyond the text - must inform courts' interpretation of statutes. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.

Codice articolo 9780199362134

Dati bibliografici

• Titolo: Judging Statutes (Hardcover)
• Editore: Oxford University Press Inc, New York
• Data di pubblicazione: 2014
• Lingua: Inglese
• ISBN 10: 0199362130
• ISBN 13: 9780199362134
• Rilegatura: Hardcover
• Condizione: new

Descrizione articolo

Riassunto

Over the last twenty-five years, there has been a spirited debate in the courts, Congress, and in the academy about how to interpret federal statutes, the laws of Congress. Federal judges spend a considerable amount of time trying to understand Congress's meaning. Just as Congress produces laws, so courts are called on to interpret them. When the language of the statute is unambiguous, then, the job of the judge is generally straightforward. But when-as often happens-the statute is ambiguous, the interpretative task is not obvious. How a judge interprets statutes - sticking only to the text when the language is ambiguous, or going beyond the text to legislative materials - is of fundamental importance. For the methodology of interpretation can affect the outcome and thus whether the law has been construed consistently with Congress's meaning.

Justice Scalia has fueled the debate, arguing that courts should look to the text of the statute and to virtually nothing else. In Judging Statutes, Chief Judge Robert A. Katzmann of the U.S Court of Appeals for the Second Circuit, respectfully disagrees. Drawing upon his interdisciplinary background in law and political science, he argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known, through text and reliable accompanying materials should be respected.

Judge Katzmann contends that there has been scant consideration given to what is critical as courts interpret statutes - an appreciation of how Congress actually functions and signals its meaning, and what Congress expects of those interpreting its laws. Judging Statutes explores how Congress works; how agencies construe legislation; and examines two interpretative approaches, purposivsm and textualism. The author discusses cases in which he was the writing judge and which the Supreme Court reviewed, and concludes with some suggestions to promote understanding between courts and Congress.

Informazioni sull'autore

Chief Justice of the Second Circuit of U.S. Court of Appeals