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Sant'Ana, Maurício Requião de. "Normas de textura aberta e interpretação: uma análise no adimplemento das obrigações." Programa de Pós-Graduação em Direito da UFBA, 2009. http://www.repositorio.ufba.br/ri/handle/ri/10792.
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Previous issue date: 2009<br>A pesquisa ora apresentada levanta questões acerca das normas de textura aberta e sua interpretação, tomando como base de estudos o campo do adimplemento no direito obrigacional conforme regulamentado no Código Civil brasileiro de 2002. Para tanto, parte de análises conceituais e classificatórias, distinguindo conceitos indeterminados, cláusulas gerais e princípios. Em seguida, realiza-se abordagem doutrinária acerca do adimplemento no direito das obrigações, com o fim de formar uma base conceitual e valorativa para a análise dos conceitos indeterminados inseridos neste campo. Aborda então questões interpretativas relativas notadamente às normas de textura aberta, tratando da possibilidade ou impossibilidade de discricionariedade nas decisões judiciais como vinculada à concepção de direito adotada. Por fim, partindo das respostas anteriormente obtidas, oferece interpretações das normas de textura aberta presentes no texto legal que versa sobre o adimplemento das obrigações no Código Civil brasileiro de 2002.<br>Salvador
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Gomes, Matheus Barreto. "Precedentes judiciais legitimação pelo procedimento." Programa de Pós-Graduação em Direito da UFBA, 2009. http://www.repositorio.ufba.br/ri/handle/ri/10761.
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Previous issue date: 2009<br>O presente trabalho tem como objetivo instigar no pensamento da comunidade jurídica uma reflexão crítica e pragmática sobre a nova perspectiva pela qual é percebido o fenômeno dos precedentes judiciais na engrenagem do sistema jurídico brasileiro. Não restam dúvidas de que o papel desempenhado pelos precedentes judiciais no ordenamento jurídico pátrio mudou substancialmente nos últimos anos é dizer os precedentes judiciais passaram da condição de mais um dos parâmetros às vezes de somenos importância a serem considerados quando do julgamento das ações para o mais importante e muitas vezes o único parâmetro a ser considerado pelos julgadores na formação de seu convencimento e fundamentação de suas decisões. Neste sentido demonstrar-se-á que passam os precedentes judiciais agora a serem dotados de um poder normativo para além do próprio efeito vinculante este último peculiar a alguns deles. Será possível notar ainda as implicações destas mudanças para a própria idéia de legitimidade democrática do poder judiciário e o papel deste como agente na implementação da Democracia. Para tanto trabalhar-se-á inicialmente com o conceito lógico-jurídico de precedentes judiciais bem assim sua concepção e evolução histórica no direito comparado e no ordenamento jurídico brasileiro. Após passa-se à apresentação de algumas noções conceituais as razões jurídicas políticas e pragmáticas que orientam as modificações legislativas e jurisprudenciais que conduzem os precedentes judiciais a desempenharem papel central no sistema jurídico pátrio. Apresenta-se oportunamente um panorama da superação da separação hermética das duas grandes famílias do direito -civil law e common law - bem como a flagrante adoção da uma teoria do stare decisis no direito brasileiro. Neste sentido arrolar-se-ão alguns exemplos constantes em nossos textos legais que confirmam esta afirmação. Nesta esteira demonstrar-se-á o novo caminho hermenêutico do direito propondo como respaldo democrático para as alterações alhures mencionadas a imperiosidade de uma interpretação aberta do direito cuja participação representativa dos cidadãos ultrapasse da condição de um direito potestativo para um poder-dever jurídico a ser seguido pelos julgadores. Assente tais premissas restarão demonstradas algumas alternativas procedimentais a serem implementadas nos processos judiciais donde advierem precedentes judiciais com efeito normativo e portanto com eficácia erga omnes de modo que estes sejam consentâneos com o devido processo legal. Neste particular apresentar-se-á a imprescibilidade da participação da figura do amicus curiae neste novo perfil jurídico de construção de precedentes judiciais em que este possui como escopo primaz dotar tal atividade judicante de legitimidade e conforme o princípio democrático bem assim de igual maneira assegurar uma mobilidade do sistema evitando desse modo um engessamento dogmático e assim um distanciamento do direito da realidade que o cerca.<br>Salvador
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Glenn, Erik, and Cori Dolan. "Arizona's Open Range "Law"." College of Agriculture and Life Sciences, University of Arizona (Tucson, AZ), 2010. http://hdl.handle.net/10150/146295.
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3 pp.<br>Livestock are still an important part of rural life in Arizona. As more and more homes have been built adjacent to areas traditionally used for cattle grazing, the potential for conflict between livestock owners and homeowners has increased. Regardless of whether you yourself own large animals, you must be aware of your responsibilities towards your neighbors' livestock. The details of your responsibilities--and your liability--depend in large part upon where you live and whether you have a suitable fence around your property.
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Cho, Wing-keung Tommy. "Judicial interpretation / fictionalization." Hong Kong : University of Hong Kong, 1999. http://sunzi.lib.hku.hk/hkuto/record.jsp?B21924077.
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Audu, Ibrahim Adbu. "Christ's interpretation of the law." Theological Research Exchange Network (TREN), 1990. http://www.tren.com.
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Tsai, L. "Dynamic interpretation in negligence law." Thesis, University of Edinburgh, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.663066.
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The present study aims at an explanation of dynamic interpretation in negligence law. It is argued that the development of negligence law is dynamic on the grounds that it has to incorporate tentative social presumptions, open-textured concepts, and flexible standards. Furthermore, the courts have considerable leeway in formulating basic premises and creative freedom in re-shaping, re-interpreting, and applying rules in particular cases. The central task of the study is therefore to explore this assertion, to demonstrate the ambiguity inherent in seemingly clear-cut legal principles, and to reconstruct legal reasoning so that it would be more coherent and responsive to social needs. Thesis starts with a fundamental presupposition of the central theme. It is presupposed that one helpful approach to analysing dynamic interpretation in negligence law is to consider it in the setting of legal reasoning treated as what Weinrib calls the 'justificatory enterprise'. In respect of that, there have to be some justificatory premises (legal concepts) by reference to which it is justified, and some justificatory reasoning process which links the premises and justification. The justification of any legal decision thus requires the application of appropriate justificatory reasoning to show how the decision is supported by or derivable from appropriate justificatory premises. Once these premises are agreed, a conclusion can be made, or justified, by deductive logic. Legal problems of interpretation, however, arise exactly when we seek to determine the premises, that is, when we seek to ascribe their possible meanings as well as the criteria for deciding which cases are alike for this purpose or that. It involves two levels of enquiry: textual and contextual. The first level involves establishing what the relevant legal concepts mean and the relation between these concepts and the object of their reference. The second level is the contextual enquiry. It confronts the consequences of competing interpretations, and, by evaluating these, one chooses a preferable interpretation. Weinrib shows that the law of negligence illustrates the coalescence of a number of normative conceptual premises <i>e.g.</i> standard of care, duty of care, and proximity into a coherent justificatory ensemble. Chapters two to four deal with problems of textual interpretation.
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曹永強 and Wing-keung Tommy Cho. "Judicial interpretation / fictionalization." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31972731.
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Edwardes-Ker, Michael. "Tax treaty interpretation." Thesis, Queen Mary, University of London, 1994. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1679.
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This thesis analyses which principles should govern the interpretation of tax treaties. This field is complex - because tax treaties have a dual status. Tax treaties are treaties between States - which are governed by public international law, the principles of which have been codified in the 1980 Vienna Convention on the Law of Treaties. Tax treaties are also laws which can affect the domestic rights of taxpayers (and States). Different, and possibly conflicting, principles of interpretation may apply in public international, and in (different) domestic, contexts. This thesis seeks to reconcile these different principles, recognising that tax treaties should be interpreted uniformly. Only if this is done can double taxation (and double non-taxation) be avoided - and reciprocity achieved. This thesis analyses why, and when, the Vienna Convention is relevant in interpreting a tax treaty in a domestic context. It seeks to describe a uniform approach to tax treaty interpretation - which could be applied by domestic courts worldwide. It reaches four main conclusions. Firstly, a textual approach (endorsed as the starting point of interpretation at a public international level by Article 31(1) of the Vienna Convention) should (also) be the starting point of interpretation in a domestic context. Secondly, the proper approach in a domestic context cannot be the mirror image of the Vienna Convention approach. Thirdly, a uniform domestic approach cannot be identical to any one particular State's approach to the interpretation of its domestic tax statutes. Fourthly, a uniform domestic approach should be autonomous - and neutral as between all States. It should recognise a tax treaty's dual status - yet be independent of any interpretative principles which are appropriate only in a purely public international, or a purely domestic, context.
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Du, Toit Gerhard. "The significance of postmodern theories of interpretation for contractual interpretation : a critical analysis." Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/1245.
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Thesis (LLD (Mercantile Law))--University of Stellenbosch, 2006.<br>The objective of this study is to examine the significance of postmodern insights regarding interpretation (especially the rejection of intentionalism) and subjectivity for contractual interpretation theory.
In Part One (consisting of chapters 2-5), the leading postmodern insights on interpretation, individual autonomy, texts and intentionalism are discussed. This is done by analysing the present interpretive practice in four chapters: 1) Different theories of interpretation ranging from objectivism and natural law theories to post-structuralism are discussed in chapter 2. 2) In chapter 3 individual autonomy (as advocated by liberal theorists) is contrasted with communitarianism in order to problematize the notion of contracting parties as autonomous, self-regulating beings. By highlighting criticism against liberalism and communitarianism, and also by suggesting critical self-rule as an alternative, the assertion that contracting parties are autonomous and self-regulating is contested. 3) The process of textual definition is critically analysed with emphasis on the position reflected by the application of the parol-evidence rule and also post-structuralist ideas on the definition of texts in chapter 4. It is shown that textual definition consists of interpretation rather than identification. 4) The nature of intention and the process of intention “discovery” are analysed in chapter 5. Because of the centrality of intention in contractual practice, alternative theories on intention (and its role during interpretation) are postulated and it is suggested that post-structuralism can provide a critically reflective theory of intention. It is clear (from the critical analysis of intentionalism) that the way intention is presently approached is theoretically flawed. It is also apparent from the critique of liberal beliefs held regarding the nature of interpretation, subjectivity and the definition of texts that the theoretical foundations of these beliefs are fundamentally flawed. A critical re-imagination of contractual interpretation is necessary.
In Part Two, questions about the justifiability of the present interpretive theories are posed. In chapter 6 the practical implications of a new theoretical basis for contractual interpretation are considered by examining the way various rules of interpretation are influenced by the new theoretical basis of interpretation. Three “rules” are examined: 1) The golden rule of interpretation is examined because of its reliance on intentionalist assumptions; 2) the parol-evidence rule is examined because of its relation to positivist assumptions about the definition of texts; 3) the relevance of bona fides as a substantial remedy during the interpretation of the contract is analysed to reveal assumptions about the nature of legal subjectivity in which the present consideration of the bona fides is grounded. It is shown that rules depend not on their content for operation, but rather on the assumptions upon which they are grounded. In short, we do not have to do away with our rules of contractual interpretation, but we have to re-evaluate how we apply those rules.
The final part of this dissertation consists of a summary of the conclusions drawn during the course of this study.
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Gosselin, Viviane. "Open to interpretation : mobilizing historical thinking in the museum." Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/39863.
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This study adopts an historical thinking pedagogy to examine how museums “make history”. An historical thinking pedagogy supports learners in shaping their own ideas about the past by simultaneously engaging them with substantive history (the facts, dates, events of history) and procedural history (the processes that go into constructing histories). I hypothesized that a greater understanding of visitors’ and exhibition makers’ historical thinking could help museum practitioners create new forms of public engagement with the past that resonate more significantly with contemporary audiences.
The research design evaluated the usefulness of two frameworks related to historical meaning-making of exhibition makers and visitors. These frameworks were initially designed to examine the work of historians (in the case of Jörn Rüsen’s disciplinary matrix) and students (in the case of Peter Seixas’ historical thinking concepts). The investigation, informed by a phenomenographic methodology, consisted of a qualitative case study, which focused on a single exhibition, its makers (n=6) and its visitors (n=36). The selected exhibition, Being Irish O’Quebec, was presented at the McCord Museum of Canadian History in Montreal in 2009–10. The exhibition proposed a complex notion of Quebecois identity by demonstrating the ubiquity of Irish culture in Quebec’s cultural and genetic makeup.
The analysis demonstrated how both frameworks could help conceptualize the experience of exhibition makers and museum visitors, and describe their agency as historical interpreters. Historical thinking concepts were instrumental in pursuing their distinctive interpretive tasks. The frameworks provided two robust sets of interconnected questions that could promote reflexive practice among museum practitioners and inspire new museographic approaches. Having demonstrated the visitors’ interest in the processes of doing history, I propose the creation of porous narratives, exhibition environments where design and textual elements expose the construction of the historical narrative and explicitly invite visitors to take a more active role as interpreters. Such a strategy would firmly position the educational function of museums as promoters of historical consciousness, while contributing toward more democratic and reciprocal relationships between museums and their publics.
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Mitrophanous, Eleni. "Constructive interpretation : Dworkin on interpretation as a method for understanding law." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285251.
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Stavropoulos, Nicolas E. "Objectivity in legal interpretation." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334241.
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Marmor, Andrei. "Interpretation in legal theory." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386453.
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Kienholz, Jennifer Joanne. "Open to interpretation : Métis histories at the Royal Alberta Museum." Thesis, University of British Columbia, 2009. http://hdl.handle.net/2429/13144.
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In museums, teams of skilled professionals are working to turn museological theory and ethical standards into practice. When faced with contested histories and often-conflicting perspectives, curators and educators must balance their guiding principles and mandates with the practical demands of public representation. By investigating the work of the people responsible for this process at the Royal Alberta Museum, I explore how appropriate museology is practiced using the example of Métis history in Canada. The representation of contrasting histories within adjacent but isolated spaces results in a rift between curatorial intentions and public comprehension; however, in the spaces between exhibits—within practical limitations—there is room to encourage visitors to make critical connections. In this thesis, I emphasize the need for museum professionals to create holistic museum experiences out of disparate exhibits.
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Teal, Martin K. "Target tracking and image interpretation in natural open world scenes." Thesis, City University London, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.363315.
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Lapointe, Hélène. "Regional open skies agreements : law and practice." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22696.
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This thesis presents an analytic review of the different definitions of "Open Skies Treaty". It mainly introduces American, Canadian and European views of Open Skies. We also propose our definition of Open Skies in a North American context including our NAFTA partner, Mexico.<br>Then, the thesis conducts a detailed study of the law and practice pertaining to regional Open Skies Agreements in Europe, Latin America, Australasia and in the Asia/Pacific region.<br>Afterwards, an analysis of the main provisions of the North American Free Trade Agreement is made with reference to air transport. Follows, an overview of the state of the Canadian air transport industry and policy.<br>More importantly, a complete analysis of the New Air Transport Agreement Between Canada and the United States implementing an Open Skies regime as for 1995 is made in Chapter V.<br>Finally, a critical analysis of this Open Skies Agreement is made and perspectives are given as to the future inclusion of Mexico, Chile and, later on, of all of Latin America.
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Hetlof, Julia. "US/EU Air transport: open skies but still not open transatlantic air transport services." Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=86995.
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The aim of this thesis is to fully present a current air transport regime between the United States and the members of the European Union, with the 2007 US/EU Open Skies Agreement as its most recent representation, and to analyze the impediments to the creation of a truly open transatlantic aviation area.<br>Deregulation of the domestic air transport in the United States and the subsequent U.S. policy of exporting deregulation via open skies bilateral agreements are compared and contrasted with the multilateral liberalization process in the European Union. That process resulted in the elimination of nationality requirements for ownership and of cabotage restrictions for Community carriers, allowing for their unrestricted access in the single European market.<br>The link to the consolidation in the airline industry is drawn through a consideration of U.S. antitrust regulation and E.U competition law, both of which provide a framework for acceptable airline business practices. The example of antitrust immunity grants for global alliances illustrates the basic principles of antitrust laws and their practical application to current developments in the international airline business.<br>The analysis leads to the conclusion that obstacles to cross-border airline mergers are not only related to their anticompetitive implications, but most importantly, are linked to the inherent restrictions in the international legal regime. In particular, controversial issues of foreign ownership and cabotage restrictions pose challenges to second stage negotiations between the U.S. and the EU in the quest for a fully open transatlantic aviation area.<br>Le travail propose de démontrer l'évolution des régimes de transport aérien intérieur et international et l'examen du régime légal couvrant actuellement la zone trans-atlantique, avec une attention particulière pour l'accord « open skies » Etats-Unis - Union Européenne de 2007, celui-ci étant la représentation la plus récente de cette évolution.<br>Nous comparerons et mettrons en contraste la déréglementation du transport aérien intérieur des Etats-Unis et la politique américaine consistant à exporter cette déréglementation via des accords bilatéraux « open skies » avec le processus multilatéral de libéralisation de l'Union Européenne. Ce dernier a donné lieu à l'élimination de la nationalité comme critères de propriété et des restrictions sur le « cabotage ». De plus, ce modèle a donné l'accès total et non-restreint aux transporteurs de l'UE à travers le marché intérieur de l'Union.<br>Le lien avec la consolidation se fera par le biais d'un examen de la réglementation américaine « anti-trust » et des lois européennes sur la concurrence qui fournissent un cadre pour la pratique commerciale du transport aérien. Nous présenterons les principes de base des lois « anti-trust », leur application pratique et leurs développements actuels dans des domaines tels que les octrois (« grants ») d'immunité anti-trust aux alliances globales.<br>Nous démontrerons que les obstacles aux fusions internationales des compagnies aériennes ne sont pas seulement reliés à leurs implications anticoncurrentielles, mais sont avant tout liés aux restrictions propres au régime juridique international. Plus particulièrement, nous examinerons les questions controversées de la propriété étrangère et des restrictions de « cabotage » présentés comme des défis aux négociations de deuxième étape entre les Etats-Unis et l'Union Européenne et la création potentielle d'une zone d'aviation trans-atlantique entièrement ouverte.
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Fawley, William S. "Matthew 5:17 an interpretation /." Theological Research Exchange Network (TREN), 1985. http://www.tren.com.
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Kim, Yongjae. "Interpretation der Gebote im Markusevangelium /." Frankfurt am Main : Peter Lang, 2010. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=018957792&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Krupp, Heidi J. "Development and interpretation of Canon 1135." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0653.
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Pierre, Helen. "Extrinsic aids and the interpretation of statutes." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5581.
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This thesis considers a question of increasing significance in Canada today--the use of extrinsic aids in the interpretation of statutes. The thesis argues that the principles adopted by the courts that allow the admission of certain aids to interpretation for limited purposes only and that do not allow the admission of legislative history in non-constitutional cases create artificial distinctions amongst the various different types of aids. These distinctions serve to obscure rather than elucidate the process of interpretation by the courts. There are no compelling reasons for the courts to reject outright the admission of legislative history in non-constitutional cases. Parliamentary materials should therefore be admissible in accordance with the same rules as those applied to other interpretative aids. To this end, the thesis examines some of the interpretative aids used by the courts and the way in which they are used. Part I examine some of the aids found in the printed version of the statute. Part II examines a group of aids that have been classified as part of the general knowledge and experience of the judge. Part III looks at the way in which the courts use related acts and treaties whilst Part IV deals with the contentious area of legislative history, including Commission reports. (Abstract shortened by UMI.)
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Schild, Uri Jakob. "Open-textured law, expert systems and logic programming." Thesis, Imperial College London, 1990. http://hdl.handle.net/10044/1/46539.
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Carbonell, O'Brien Esteban. "Game theory and the law: rule interactive interpretation." Revista de Actualidad Mercantil, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/92151.
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En el presente artículo, el autor analiza de forma crítica e incisiva la legalidad de la Ley 30064,norma que es prácticamente una continuidad Decreto de Urgencia No 010-2012. Prolongando, así, los efectos prácticos del referido Decreto de Urgencia utilizado de manera cuestionable como salvavidas de los clubes morosos frente a la SUNAT y demás acreedores. Asimismo, el autor hace énfasis en la inconstitucional de esta Ley y cuestiona la legalidad de las normas que favorecen la reestructuración económica de los clubes en estado de quiebra. Finalmente, el autor propone una crítica constructiva basada en los fundamentos generales de la economía las finanzasy el manejo de las crisis económicas.
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Raban, Ofer. "Law, impartiality and rationality." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270467.
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Yang, Xiaonan. "The interpretation of the Hong Kong Basic Law : an institutional analysis /." Click to view the E-thesis via HKUTO, 2009. http://sunzi.lib.hku.hk/hkuto/record/B42181999.
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Hessler, Kristen M. "A theory of interpretation for international human rights law." Diss., The University of Arizona, 2001. http://hdl.handle.net/10150/279864.
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A complete theory of interpretation for human rights law must answer two kinds of questions. First: Who should interpret international human rights law? Second: What principles should guide the interpretation of human rights law? Individual governments frequently claim the right to interpret international law as it applies to them, but this claim is contested by many United Nations subgroups and by nongovernmental organizations like Amnesty International. I argue that international institutions are more likely to give a fair hearing to people's human rights than are their own governments. Accordingly, we can conclude as a general rule that international institutions should be assigned authority to interpret international human rights law. The general rule has an exception, however. Democratic states that protect basic freedoms of speech and assembly will promote and protect their own citizens' human rights better than undemocratic states. Moreover, free democratic states, by giving a voice to all citizens, can take advantage of local knowledge about particular human rights problems and solutions, and so are more likely than international institutions to interpret human rights law with a sensitivity to the human rights of all citizens and to the locally important human rights issues. Therefore, unlike other states, liberal democratic states should have the authority to interpret international human rights law as it applies within their borders. What principles should guide the interpretation of human rights law? The answer depends on whether we take a short- or long-term perspective. Currently, the institutions of international law are relatively ineffective when compared to most domestic legal systems. While this remains the case, a principle allowing interpreters to use their judgment about moral human rights in interpreting human rights law can be justified on the basis of the contribution this would make to global deliberation about the proper understanding of moral human rights. As human rights law develops more effective, less voluntaristic institutions, this principle of interpretation should be phased out.
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Fisher, S. A. "The uneasy convergence of international law and domestic interpretation." Thesis, University College London (University of London), 2014. http://discovery.ucl.ac.uk/1458534/.
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The Abduction Convention is in trouble and the Vienna Convention on the Law of Treaties may be able to rescue it. The Abduction Convention is classified by the Hague Conference on Private International Law as a child welfare treaty, adopted as part of its mandate to facilitate the progressive unification of private international law. In 1980 it was hailed by the Conference as a blow struck for social justice. The Interpretive provisions of the VCLT (Articles 31-33) incorporate the principles of international treaty interpretation developed though international practice, which note and accommodate the unique differences and goals of treaty-based law, and prescribe the method for its interpretation. The Abduction Convention has failed to deliver on its promise of social justice because it has been neither progressive nor unified in its application. This paper postulates that application of the VCLT Interpretive rules can ‘correct’ Abduction Convention jurisprudence by identifying appropriate ‘evidence’ for interpretation and suggesting a process by which a progressive application can include developing legal concepts on children’s and family rights as well as emerging information on social and family dynamics. This paper undertakes to use the VCLT Interpretive Rules in their entirety to discover the object and purpose of the Abduction Convention in light of which its disputed terms may be interpreted, and in so doing provides a template for interpretation of other treaties, and the process and evidence for further interpretation of the Abduction Convention itself. It concludes that harmonization of interpretation through the uniform use of the international rules and principles can lead to a progressive application of the Abduction Convention that may allow it to recover its former potential.
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Scott, Allison W. "Legal Interpretation: Taking Words Seriously." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/112.
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Connolly, Michael. "Easy cases making bad law : the English judiciary, discrimination law, and the statutory interpretation." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10044510/.
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The definitions of discrimination provided by equality legislation are a measure of how far a society is willing to challenge deep-seated assumptions, attitudes, and patterns of inequality. The judiciary has a major role in shaping these definitions. This is evident from the antecedent American cases and those of the Court of Justice of the European Union, which worked with more aspirational than detailed legislative provisions. One might conclude that the legislation coming before the English courts was thus ‘ready-made’, presenting the judiciary with few interpretive difficulties. But on many occasions this has proved not to be the case, with the senior English courts producing a number of highly contentious decisions. Commentators, heavily critical of many of these cases, tend to analyse them by reference to external understandings of concept, theory, or policy. This work offers a unique internal critique of the process producing the cases subject to such academic scrutiny. It makes a textual analysis of leading English judgments on the definitions of discrimination, and does so through the lens of statutory interpretation - the judge’s primary function. The scrutiny finds that these judgments are technically flawed in terms of the process of statutory interpretation and the definitions produced; it also finds them to be overcomplicated, excessively long, and often unduly restrictive. As such, the thesis is that these cases were better, and more easily, resolvable using conventional methods of interpretation, which would also shape the definitions better to reflect the policies underlying the legislation. Although highlighting inexpert reasoning, the textual scrutiny reveals other threads, particularly notable in the narrow interpretations. There is an adherence to the common law’s notion of binary litigation, envisaging just two individual litigants (e.g. a worker and employer) necessitating a harmed individual and fault-based liability; this is at odds with the societal and group-based purpose of the legislation. One can also detect a lingering historical negative or indifferent attitude to matters of equality, often realised nowadays with an assortment of personal predilections. Consequently, suggestions for reform are based around these findings.
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Donovan, John P. "The interpretation of dolus in canon 1098." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Gilthvedt, Gary E. "Dying 'through the law to the law' (Gal. 2.19)." Thesis, University of St Andrews, 1990. http://hdl.handle.net/10023/2791.
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In the Letter to the Galatians the law has been superseded by Christ's cross and faith in Christ is contrasted to the law. The juxtaposition of the law and the cross occurs in 2.19, where Paul speaks of them in terms of dying and living. The purpose of the present study is to do four things. First, Paul's letters have been examined for their uses in context of 'cross, crucifixion' and 'law', so that the basis for theological reflection might be the texts themselves. We conclude that although Paul's references to 'law' oscillate in stridency and meaning, and his references to 'cross, crucifixion' are few, the law and cross represent the before and after of Paul's life. Second, our exegesis of Gal 2.19 leads to three observations. 'Dying to-living to' refers to death and life within specific relationships, that to law and that with God. 'Being crucified with' refers to Paul's own inclusion and participation in the death of Christ, so that when Christ died Paul also died. 'Through the law' indicates the death-bringing character of the law itself. Behind Paul's statements about dying and living are the death and resurrection of Christ, which serve as the frame of reference for Paul. Third, Gal 2.19 has been compared to the argument of Galatians 2-3,4.1-7, and Paul's summary statement in 6.14-15. Our test question is what Paul means by dying 'through law' and whether law should be understood as the cause of death. s Finally, it is the conclusion of this study that Paul views the law as death-bringer, causing the death of Christ and the death of Paul in relation to law. This heightens the singularly life-giving character of faith in Christ.
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Tanner, Meagan C. "Was That Sexist?: Open-Mindedness Predicts Interpretation of Benevolent Sexism in Ambiguous Scenarios." Wittenberg University Honors Theses / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=wuhonors1617726203849271.
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Karjiker, Sadulla. "Open-source software and the rationale for copyright protection of computer programs." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80044.
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Thesis (LLD)--Stellenbosch University, 2013.<br>ENGLISH ABSTRACT: The rationale for the legal protection of copyright works is based on the perceived need to encourage the creation of works which are considered to be socially beneficial. By awarding authors proprietary rights in their creations, copyright law allows authors the ability to earn direct financial returns from their efforts, and, thus, copyright law provides the required incentives for authors to create copyright works. Since the early days of commercial software development, copyright protection has been extended to computer programs; thus, by providing such protection it was assumed that their production should be encouraged, and that without such protection they will not be produced to the extent required by society. Comparatively recently, we have witnessed large-scale production of open-source software, which is licensed on generous terms, giving users the right to freely use, modify and redistribute such software. By adopting such licensing terms, the authors of open-source software are unable to charge licensees a fee for permission to use their software, which is the reward which copyright assumes authors seek to create such software. This development has made it necessary to re-evaluate the rationale for copyright protection of computer programs, and determine whether the continued protection of computer programs is justifiable.
This study seeks to first establish a coherent theoretical justification for copyright protection, which it is submitted should be an economic justification, rather than a moral justification. The legal analysis in this work seeks to establish whether the copyright protection of computer programs is consistent with the economic justification for copyright protection. In particular, the analysis focuses on the current scope of copyright protection, and seeks to establish whether such protection is excessive, stifling creativity and innovation, and, thus, imposing too high a social cost. It is contended that copyright doctrine has generally sought to minimise these costs, and that current scope of copyright protection of computer programs leaves enough creative room for the production of new software.
Despite the fact that the effect of open-source software licences is that authors are unable to earn the direct financial rewards which copyright enables authors to earn as an incentive to create such software, their authors continue to have financial incentives to create such software. Commercial firms who invest in open-source software do so because they seek to provide financially-rewarding related services in respect of software, or because it serves to promote sales in their complementary products. Similarly, the participation of individual computer programmers is largely consistent with the standard economic theories relating to labour markets and the private provision of public goods. Individuals are principally motivated by economic motives, such as career concerns.
Copyright protection gives participants the choice to opt for the direct financial rewards which its proprietary protection enables, or the more indirect financial rewards of open-source software development. It is submitted within this research that rather than undermining the rationale for copyright protection of computer programs, the development of open-source software has illustrated that copyright protection allows for the emergence of alternative business models, which may be more economically advantageous to authors.<br>AFRIKAANSE OPSOMMING: Die rasionaal agter outeursregbeskerming wat deur die reg verleen word is gebasseer op 'n behoefte om die skepping van werke wat sosiaal voordelig geag word te bevorder. Outeursreg verleen aan outeurs direkte finansiële vergoeding vir hul inspanning deur die vestiging van eiendomsreg oor hul werke. Dus, outeursreg voorsien outeurs van die nodige insentiewe om sulke werke te skep. Sedert die begindae van kommersiële sagteware ontwikkeling, is outeursregbeskerming uitgebrei om aan rekenaarprogramme sulke beskerming te bied. Deur die bied van outeursregbeskerming word daar aangeneem dat die ontwikkeling van rekenaarprogramme aangemoedig word en dat sonder die genoemde beskerming programme nie geproduseer sal word tot in 'n mate benodig deur die samelewing nie. Onlangs egter, is daar 'n grootskaalse ontwikkeling van oopbronsagteware opgemerk. Hierdie sagteware word onder ruime terme gelisensieer en gee aan gebruikers die reg om die genoemde sagteware te gebruik, te wysig en vrylik te versprei. Deur sulke terme van lisensiëring aan te neem word outeurs verhoed om vanaf lisensiehouers 'n fooi te vorder vir die toestemming om die sagteware te gebruik. Outeursreg neem aan dat hierdie vergoeding die basis vorm waarom outeurs sulke sagteware ontwikkel. Hierdie ontwikkeling maak dit nodig om die rasionaal agter outeursregbeskerming van rekenaarprogramme te her-evalueer en ook om vas te stel of die volgehoue beskerming van rekenaarprogramme regverdigbaar is.
Hierdie studie poog om, eerstens, 'n samehangende teoretiese regverdiging vir outeursreg te vestig. Daar word aan die hand gedoen dat hierdie beskerming 'n ekonomiese, eerder as 'n morele regverdiging as grondslag moet hê. Die regsontleding vervat in hierdie werk poog om vas te stel of die outeursregbeskerming wat aan rekenaarprogramme verleen word in lyn is met die ekonomiese regverdiging van outeursregbeskerming. Die analise fokus in besonder op die huidige bestek van outeursregbeskerming en poog om vas te stel of sodanige beskerming oormatig is, of dit kreatiwiteit en innovasie onderdruk en derhalwe te hoë sosiale koste tot gevolg het. Daar word geargumenteer dat outeursreg in die algemeen poog om sosiale koste te verlaag en dat die huidige omvang van outeursregbeskerming van rekenaarprogramme voldoende kreatiewe ruimte vir die ontwikkeling van nuwe sagteware laat.
Die effek van oopbronsagteware is dat outeurs nie in staat is om direkte finansiële vergoeding te verdien, wat as insentief gesien word vir die ontwikkeling van sagteware, nie. Ten spyte hiervan is daar steeds voldoende finansiële insentiewe om sodanige sagteware te ontwikkel. Kommersiële firmas belê in oopbronsagteware om finansiëel lonende verwante dienste ten opsigte van sagteware te voorsien. Dit kan ook dien om verkope in hul onderskeie aanvullende produkte te bevorder. Eweweens is die deelname van individuele rekenaarprogrameerders oorwegend in lyn met die standaard ekonomiese teoriëe ten opsigte van die arbeidsmark en die privaat voorsiening van openbare goedere. Individue word gemotiveer deur ekonomiese motiewe, soos byvoorbeeld oorwegings wat verband hou met hul loopbane.
Outeursregbeskerming bied aan deelnemers die keuse om voordeel te trek uit die direkte finansiële vergoeding wat moontlik gemaak word deur outeursregbeskerming of uit die meer indirekte finansiële vergoeding gebied deur die ontwikkeling van oopbronsagteware. In hierdie navorsing word daar geargumenteer dat die ontwikkeling van oopbronsagteware geillustreer het dat outeursregbeskerming die onstaan van alternatiewe besigheidsmodelle toelaat wat ekonomies meer voordelig is vir outeurs in plaas daarvan dat dit die rasionaal vir die outeursregbeskerming van rekenaarprogramme ondermyn.
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Cogan, Patrick J. "The law on intercommunion Vatican II to the 1983 Code of canon law /." Theological Research Exchange Network (TREN), 1985. http://www.tren.com.
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Galea, Patrick Joseph. "Trust laws of Jersey and Malta : a civilian interpretation." Thesis, University of Edinburgh, 2016. http://hdl.handle.net/1842/30995.
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This thesis attempts to identify the philosophy, key questions and priorities behind the trust laws of Jersey and Malta. By wide accord, the Jersey law has served as a model in many ways to its later Maltese counterpart. This affinity is placed against the similar background of either jurisdiction, which embraced, to varying degrees, both the Civil Law tradition and Common Law influence. The analysis is advanced through the different moments of the trust, from its creation to termination. Nevertheless, the underpinning focus and thrust is on the civilian identity of either trust. It considers whether, and how far, the fundamental Civil Law concepts and language play a defining role in their civilian configuration. The question is asked whether the creation of the trust and the duties of a trustee can possibly be classified as obligational or contractual, or maybe something else. The nature and character of the beneficiary’s rights are also reviewed. The overarching role of good faith and civil responsibility, along with their extent of interaction with traditional Equity fiduciary duties, are weighed, an assessment naturally following from the civilian flavour attributed to the trusts. The conceptual overlapping between the Roman-Civil law fiducia, and related figures such as the mandat prêt-nom, with the Equity fiduciary duties, is assessed. The role, even if subsidiary, of civilian unjustified enrichment, remains an ever-present relevant factor. Sham trusts and simulatio, the Pauline fraud and legitim are considered in the context of the civilian identity of these trusts. The discussion then engages with the other strand of the thesis, being the role of the governing law, as the ‘mind’ behind the trust legislations assessed. The discussion engages with the question whether the trusts fall on the side of respect for the ‘autonomie de la volonté des parties’ or on other policy determinants behind the law.
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Aric, Zuhal. "Research on open covers in English law of marine insurance." Thesis, University of Southampton, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.582529.
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Open covers have been widely deployed in the London marine insurance market for many years, even though a significant number of legal issues arising out of their use still needs to be resolved. Not surprisingly, the law concerning open covers is very much alive and open to further development. Given that, quite remarkably, no research study has been done specifically on those particular covers to date; this thesis is aimed at making good that deficiency. To ensure that observation is made over the whole picture in respect of the open covers and to produce a comprehensive guide to the legal complexity arising out of the association between them and their subsequent individual declarations, the complete thesis will comprise five chapters: 60 l Chapter 1 will provide historical information and development background of open covers and also will set out the main differences in the operation of floating policies and open covers which were derived originally from the former. Chapter 2 will illustrate (1) how and why the legal nature of an open cover impacts on the parties' rights, obligations, privileges and immunities, and (2) how and why the formation of an open cover plays a key role in the determination of proper nature. Chapter 3 will shed light on the applicability of the duty of utmost good faith to open covers by explaining the doctrine of utmost good faith within the general law of insurance and then clarifying whether the duty is enforceable pertaining to the covers themselves or only pertaining to subsequent policies individually. Chapter 4 will explore the agency status of insurance brokers in the context of open covers. To this end, it focuses, first, upon giving the general definition of insurance broking, secondly, describing the use and performance of the brokers in the procurement process, currency and claims process of open covers, and lastly the measure of damages recoverable from the brokers. Chapter 5 will discuss conflict of laws in open covers, and in particular problems of jurisdiction and choice of law where the open cover and declarations under it are potentially governed by different regimes. Finally, the legal and practical issues that have been identified, and their suggested solutions will be summarised in the conclusion.
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Vella, John. "Avoidance, characterisation and interpretation in tax, corporate and financial law." Thesis, University of Cambridge, 2007. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.707899.
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Donayre, Lobo Gabriel. "The Legal Interpretation: Proposals for its Application in Tax Law." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118642.
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The first half of this report contains the concept of interpretation and its relationship with the written language. In addition, it proposes how the ambiguity of the language is one of the main problems for legal interpretation. The second half of this report establishes which components of the legal interpretation are, from a theoretical perspective –according to doctrine and practice– following jurisprudence, criteria and methods of interpretation allowed in Law. This part also proposes a route for the legal interpretation in Tax Law. The third part of this report contains the interpretation of two resolutions from the Tax Court following the described route.<br>En la primera parte del artículo se determina el concepto de interpretación y su relación con el lenguaje escrito. Asimismo, se plantea la ambigüedad como uno de los principales problemas que se presenta en la comprensión del lenguaje escrito, así como en la interpretación jurídica. En la segunda parte del artículo se plasman los componentes de la interpretación jurídica, desarrollando desde un punto de vista teórico-doctrinario y práctico-jurisprudencial, los criterios y métodos de interpretación admitidos por el Derecho. Asimismo, se propone un itinerario para la interpretación en el Derecho Tributario. En la tercera parte se desarrolla la interpretación de dos resoluciones del Tribunal Fiscal, utilizando el itinerario propuesto.
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Lovgren, A. Craig. "How to amend a statute: The drafting and interpretation of amending legislation." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7474.
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This thesis looks at the drafting and operation of amending legislation in the light of two paradigms of statute law. Part One examines the paradigm which developed in Great Britain in the nineteenth century. That paradigm emphasized the fragmentary character of the statute law. Ilbert analysed the techniques of amendment and concluded in favour of the use of indirect amendment and against the use of textual amendment. Another paradigm of statute law developed in the United States, Canada and Australia in the nineteenth century. It emphasizes the potential coherence of the statute law and tries to realise this potential through statute revision and the use of textual amendment. The consequences of the use of textual amendment for the operation of amending enactments are examined. The thesis also considers the argument that the use of re-enactment as a technique of amendment is undesirable because it opens up for parliamentary amendment more of the act proposed to be amended than do other techniques of amendment. (Abstract shortened by UMI.)
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Bengoetxea, Joxerramon. "Interpretation and justification : the jurisprudence of the European Court of Justice." Thesis, University of Edinburgh, 1990. http://hdl.handle.net/1842/23717.
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McGrogan, David. "Cultural values and human rights : a matter of interpretation." Thesis, University of Liverpool, 2012. http://livrepository.liverpool.ac.uk/11073/.
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This thesis addresses a neglect of legal analysis in the scholarship on cultural relativism, international human rights law, and Asian values. While a wealth of scholarship exists on cultural relativism as a philosophical or political question, and while the cultural rights of members of minority groups are often addressed from a legal perspective in the context of the European Court of Human Rights, the interaction between broader cultural values – those operant at the societal level – and human rights standards has not been adequately analysed as a question of law. Chapter I provides an overview of the debates on cultural relativism to detail how questions of law have been neglected, and how they would complement the existing scholarship if fully addressed. It concludes there is a need to examine how far international human rights law permits cultural values to affect the manner and extent of implementation as an empirical issue. Chapter II makes it clear that the core question is one of interpretation – i.e., in seeking to establish whether cultural values are permitted to affect implementation of human rights norms in any fashion, this hinges on how the terms of international human rights treaties are interpreted so as to permit it, or not. Chapter III then takes this principle and sets out what the accepted rules of treaty interpretation are, and how international human rights treaty terms in particular are to be interpreted in light of their unique character. This leads us to what is sometimes argued to be the legal basis for the programmatic interpretation of human rights treaties: Article 31(3)(b) of the Vienna Convention on the Law of Treaties, or subsequent practice establishing the agreement of the parties on a given interpretation. We postulate that the interpretations given by the United Nations human rights treaty bodies are potentially constitutive of subsequent practice under the Vienna Convention, and, if so, we argue that this would be the most appropriate focal point for answering our core question. The rules guiding the use and formation of subsequent practice, however, are not clear. Chapter IV examines what guidelines have been developed in other contexts; in particular, this involves surveying the jurisprudence of the International Court of Justice and the World Trade Organization’s Dispute Settlement Procedure, and drawing some inferences from that jurisprudence to arrive at a method for assessing the development of subsequent practice in international human rights law. Using this pattern of analysis, Chapter V then illustrates how it can be applied by using a case study – the interpretive practice of the Committee for the Elimination of Discrimination Against Women regarding Singapore, Malaysia, and Indonesia – and draws preliminary conclusions to demonstrate how this mode of analysis addresses the gap in the scholarship.
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Price, David M. "An historical interpretation of the establishment clause." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.
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Shek, Chung-man Niki, and 石仲文. "Reflections on the standards of judicial interpretation under "One Country, Two Systems"." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2003. http://hub.hku.hk/bib/B31228355.
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Okorie, Chijioke Ifeoma. "Open and freemium music business models in Africa - copyright and competition consequences." Doctoral thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28396.
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This thesis considers how South Africa and Nigeria can apply copyright and competition laws to regulate the open and freemium music business model that involves the use of copyright-protected music content to generate revenue from advertising. To enhance their competitiveness and escape copyright infringement liability, the firms that deploy the business model impose contractual terms to explain their use of protected content and direct the actions of platform users. Using case law from the Court of Justice of the European Union (CJEU), the thesis argues that although these terms result in free and wider distribution of copyright content, some aspects of their implementation may be unaligned with the regulatory framework. The thesis finds that these misalignments exist because the non-payment of royalties to copyright owners and their exclusion from revenue-sharing arrangements may adversely affect their viability of copyright owners as small and medium-size enterprises (SMEs) while their inclusion necessitates the imposition of restrictions that may prevent innovative uses of copyright products. Further, the thesis finds that the misalignments are caused by legal uncertainties regarding the exclusive rights of the copyright holders and the scope of their limitations and exceptions, as well as unavailability of competition law enforcement criteria that protect the economic freedom of SMEs including copyright owners. Because of the copyright covering the music content and its use in the economic activity of advertising, which is regulated by competition law, the thesis argues for aligning the business model with the regulatory frameworks. Further, the thesis argues that by ratifying international copyright treaties in ways that provide exclusive rights limited by compulsory licensing, and by amending and enforcing competition law to recognise unconscionable conduct as xiv anticompetitive, copyright and competition laws may be used to regulate the open and freemium music business model. By adopting a South African and Nigerian perspective and proposing competition law solutions, this study aims at filling a gap in the academic literature, which does not appear so far to have attempted a pro-Africa assessment of the business model and/or considered the complementary role of competition law in copyright-related industries in specific jurisdictions.
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Georgosouli, Andromachi. "Regulatory interpretation : a case study of the FSA policy of rule-use." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/514.
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My doctoral thesis examines the policy of rule-use in the UK financial regulation. Its case study is the current FSA conduct of business regulation. It consists of two parts. Part I considers the evolution of the policy of rule-use during the past twenty years of financial regulation and up to the end of 2006. It argues that it has been transformed from a rule-centric regime into an interpretation centric-regime, where emphasis is placed on the interpretive project that makes possible the use of regulatory requirements rather than the production of selfcontained and static rules. Part II explores the grounds of this policy development by looking into the nature of regulatory interpretation. With this regard, it discusses two alternative theoretical accounts of regulatory interpretation: the communicative thesis, which emanates from Julia Black's study of the use of rules in financial regulation under the Financial Services Act 1986; and the constructive thesis, which draws on Ronald Dworkin's writings on the idea of law as integrity. The communicative thesis regards regulatory interpretation as a form of communication that is bound to fail and justifies the interpretationcentric approach as a tactic that aims to prevent or remedy failure of communication. The constructive thesis views regulatory interpretation as a dialectical practice that requires the participants of the wider regulatory community to work out the public standards ("principles") that govern their interrelations and explains the interpretive shift in the policy of rule-use as an attempt to meet the demand for new and better interpretations. The thesis concludes that the constructive thesis is preferable, because it is better able to accommodate two fundamental intuitions about the practice of interpretation; the intuition that the 4 resolution of regulatory interpretive disputes must be the outcome of a genuine and reciprocal commitment to a public conception of justice and the intuition that scarce public resources should be wisely administered rather than wasted.
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Yang, Xiaonan, and 楊曉楠. "The interpretation of the Hong Kong Basic Law: an institutional analysis." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B42181999.
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Greer, R. Douglas. "Prudence, charity, and natural law another narrative interpretation of Thomistic ethics /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.
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Wei, Tsz-shan. "Law and language : problems of meaning and interpretation in the Hong Kong courts /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22189336.
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Ling, Wai-kwan, and 連鏸君. "The interpretation of the Basic Law: a study of the common law and Chinese principles of constitutionalinterpretation." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2001. http://hub.hku.hk/bib/B31227624.
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SHELL, PAUL RICHARD. "LOCAL IMPLEMENTATION AND INTERPRETATION OF ARIZONA BILINGUAL EDUCATION STATUTES AND POLICIES." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183787.
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The study investigated the degree of compliance of selected Arizona public school districts with a set of state statutes which placed a limit on the amount bilingual education services a district could provide to students. The existing literature on implementation and compliance suggested that several conditions might influence districts to implement programs of instruction which would be at variance with the state laws. The study used questionnaires to gather program data from 40 school districts in southeastern Arizona. These questionnaires were screened to determine those districts offering programs of instructions which exceeded the restrictions of state law. Six such districts were found. Interviews were conducted with program administrators in each district to determine the explanations for noncompliance. An interview was also obtained with an Arizona Department of Education official to determine the role of the state regarding the bilingual statutes. Information obtained from the interviews revealed that several of the programs had been established under federal pressure to provide equal educational opportunity to limited-English-proficient children. These programs had existed long before these state statutes were put into effect in 1981. Data also indicated that the state statutes lacked enforcement mechanisms. The state agency responsible for those programs received no mandate to monitor districts or to enforce state restrictions. Also, this agency was federally-funded with a primary loyalty to federal priorities to keep programs in operation and with a service rather than an enforcement orientation toward local districts. No enforcement of the restrictions found in the 1981 bilingual statutes took place. Furthermore, administrative regulations for the 1981 statutes were formulated which permitted programs of instruction exceeding state limitations to continue. In 1984 new bilingual statutes were put into effect which removed the restrictions of the old statutes. The new statutes are discussed from the historical perspective of the earlier statutes.