such elements as water, earth, creatures like plants and animals, and balanced biological relations among them comprise the natural order. such a rich resource is a grand divine bounty bestowed upon living creatures, so that while all creatures enjoy and use these resources, human beings would be able to develop land and earth, and provide all with a suitable habitat. thus the right to use such...

An aspect of the battle over deconstruction is whether resort to legislative intent might help to determine the content of a statutory text that otherwise, in splendid isolation, could be deconstructed by simply positing different interpretive contexts. I examine the same issue by recounting my own quest for determinate meaning in statutes—a sort of personal legislative history. I do not claim ...

We study the relationship between ambiguity (which comes into the picture since contracts have to be written in natural language), and contractual incompleteness. The contracting process is modelled as a signalling game between the parties and the judge, with the contract as the signal. The judge is assumed to be bound by the content of the contract (in as far as it can be ascertained unambiguo...

The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions. Despite of these differences, judges in both legal traditions in adjudicating cases have a common task, which is the application of legal rules to the facts of cases pending for judgments. The tension between the certainty and the “discretion” is universal for any l...

This chapter reviews measurement technologies that have rapidly invigorated the study of judicial behavior, examining the standard approach to measuring judicial “ideal points” and discussing how such measures have facilitated broad new lines of inquiry in understanding judicial decision-making. But the measures, as this chapter explains, are no panacea. Proper use and interpretation depend cri...

in modern legal systems there are a variety of sources of law. judicial precedent is one of the legal sources; thus, precedents of supreme court, like enactments of parliament, are enforceable in courts. this similarity between precedents and acts impose many problems as role of supreme court in interpretation of   laws. but the most important problem is the possibility of changing previous pre...

The Federalist is a polemical defense of the proposed 1787 Constitution of the United States. [FN1] The series of eighty-five essays composed by James Madison, Alexander Hamilton and John Jay was first published in New York newspapers under the collective pseudonym Publius. Through his original reading of The Federalist, Professor Tushnet charts unexplored connections among theories of judicial...