Intensive Course: Purposive Interpretation in Law (LAW338H1F)

At a Glance

First Term
Credits
1
Hours
14

Enrolment

Maximum
25
20 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

Tuesday, October 16, 2012: 12:30 - 2:00
Wednesday, October 17, 2012: 12:30 - 2:00
Thursday, October 18, 2012: 4:10 - 5:30
Friday, October 19, 2012: 2:10 - 4:00
Monday, October 22, 2012: 12:30 - 2:00
Tuesday, October 23, 2012: 2:10 - 4:00
Wednesday, October 24, 2012: 12:30 - 2:00
Thursday, October 25, 2012: 12:30 - 2:00
Friday, October 26, 2012: 12:30 - 2:00
Instructor(s): Aharon Barak

Note: Students who took this course in either 2010-2011 or 2011-2012 are not eligible to take this course

Students may enroll in an intensive course that conflicts with a regular course as an exception to the general rule that students may not take courses which conflict on the timetable. Attendance at intensive courses is mandatory for the duration of the course and takes precedence over regular courses.

This course will examine the concept of legal interpretation. It will begin with the distinction between interpretation and similar non-interpretive activities (e.g. gap-filling or common law development). It will then turn to consider specific areas of concern, including the limits of interpretation and the question of language; different theories of interpretation (subjective, objective, mixture); the purposive theory of interpretation and its application in different areas of the law (wills, contracts, statutes, constitutions). Readings will include Aharon Barak, Purposive Interpretation in Law (Princeton University Press, 2005), selected cases and other legal texts.

Evaluation
Students will be required to write a paper of 2500 to 3000 words, which will be graded on an Honours/Pass/Fail basis for JD students and the SGS scale for graduate students. Papers must be delivered to the Records Office by 4:00 p.m. on November 16, 2012.