That this interpretation often did violence to
the original meaning of the Law, that Jesus» own course of action on occasion was opposed to the Law, is a different matter, and is not inconsistent with his belief that he found in the Law the will of God.
Gorsuch observed that discovery of
the original meaning of the law as enacted — and of the Constitution — is not an «ideological thing,» and that all judges and justices are originalists and literalists of a sort, employing and deferring to original textual meanings, whether of a statute or of the Constitution itself.
Not exact matches
Believing, however, that the positive
law should be interpreted by judges according to the
original meaning of the lawgiver does not make one a legal positivist!
As enough to leave no possibility
of doubting the terrible
meaning of this ancient
law, it is reproduced in another passage — first, the
original, absolute requirement, «All that openeth the womb is mine,» and, appended, the merciful codicil, «All the first - born
of thy sons thou shalt redeem.»
There were other issues too: The way the accounts
of Israel's monarchy contradicted one another, the way Jesus and Paul quoted Hebrew Scripture in ways that seemed to stretch the
original meaning, the fact that women were considered property in Levitical
Law, the way both science and archeology challenged the historicity
of so many biblical texts, and the fact that it was nearly impossible for me to write a creative retelling
of Resurrection Day because each
of the gospel writers tell the story so differently, sometimes with contradictory details.
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of this site.
The key shift was in the 1970s, when the Court veered away from strict interpretation
of the
original meaning of the Convention and adopted instead a policy
of interpreting the Convention creatively and, through case
law, extending its scope way beyond traditional ideas
of political freedom into questions
of economic and social policy.
McMahon says the governor is proposing to elevate the minimum wage to the level
of the median wage in many parts
of the state, something he believes was not the intention
of the
original law,
meant to regulate entry level jobs.
McMahon says the governor is proposing to elevate the minimum wage to the level
of the median wage in many parts
of the state, something he believes was not the intention
of the
original law,
meant to regulate entry - level jobs.
I draw on quantitative and qualitative data, including an
original data set
of all federal Title IX complaints filed with the Department
of Education since 1994, lawsuits that transformed the
meaning of Title IX, and in - depth case studies
of the
law's application at Yale University and the University
of California - Berkeley.
They're concerned the formal requests for «flexibility» Indiana and ten other states sent to the U.S. Department
of Education don't do enough to address the socioeconomic and racial achievement gaps the
original NCLB
law was
meant to close.
Speaking
of Symphony
of The Night as mentioned earlier, it's also hidden away on the UMD along with the wrinkly
original Rondo
of Blood, the problem being that the
means to get the two games is horrifically obscure, and even if you break gaming
law and check a walkthrough, it's still going to be a tough feat for the less adept
of players to achieve.
As a result, re-codification is most often done only as part
of an overall omnibus reform
of an area
of law on the merits where the interest in being able to track prior interpretive caselaw and determine the
original meaning of a statute enacted long ago is at its lowest.
This would seem ridiculous (although the
law may see it differently), as I could potentially change (in actual
meaning, rather than just rewriting the same logic but with different terms) every line
of code and it would cease to have anything to do with the
original author.
Selections in the current issue, for example, range from «Laugh Track,» in which Boston University School
of Law associate professor Jay D. Wexler studies the relative senses
of humor
of the justices
of the Supreme Court, to «The
Original Meaning of the 21st Amendment,» which examines recent Supreme Court cases involving wine sales across state lines, to «A Lawyer in Baghdad,» in which Brett H. McGurk shares insights acquired during five months as associate general counsel to the Coalition Provisional Authority.
Tagged with: Charter
of Rights and Freedoms constitutional
law constitutional supremacy constraint judicial restraint legal philosophy
original intent
original meaning rule
of law section 7
One is that most
law professors are very able at teaching the casuistic (in its
original, not pejorative,
meaning) process which is legal analysis (and many other types
of logical analysis) which process, for whatever reason, the students» undergraduate professors weren't able to adequately explain.
Near one
of the mansion's four fireplaces, the cross-eyed governor had served decaffeinated coffee in beautiful old buffalo - themed china and asked Walters his thoughts on abortion, the death penalty, and whether he believed adhering to the actual language
of the
law and the
original meaning of the Constitution.
When Justice Abella blessed, as a priest would, the constitutional right to strike, she undermined the rule
of law and the separation
of powers by going well beyond the
original meaning of the constitutional provision at issue.
Sanford Levinson, a
law professor at the University
of Texas at Austin, said Justice Thomas's position claims few adherents in the legal community — Not even Justice Antonin Scalia, who like Justice Thomas argues that the Constitution should be applied according to the
original meaning of its text when ratified.
In some circumstances, such as where a structure was technically created but not funded or used in any transaction or activity, the
original relationship and the structure can be rescinded, which
means that the structure is treated as though it never existed as a matter
of law.