What is Statutory Interpretation? A Primer QUT law students

In this Primer, our aims are to explain what statutory interpretation is and why it is important. We also aim to note some of the more difficult concepts and ideas you will need to understand when reading a statute, when deciding if it is relevant to a legal problem, and, if so, how it applies to that problem. We do not aim to provide an overview of the rules of Statutory Interpretation, but only to focus on areas that have created well-known difficulties for students and practitioners alike, such as the concept of the intentions of Parliament and the correct use of intrinsic materials.

A continuum to characterise and support teacher interpretation of an innovative curriculum

A continuum for describing the degree to which teachers interpret the various features of a curriculum is presented. The continuum has been developed based upon the observation of classroom practices and discussions with a group of teachers who are using an innovative junior secondary mathematics curriculum. It is anticipated that the ongoing use of the continuum will lead to its improvement as well as the refinement of the curriculum, more focussed support for the teachers,improved student learning, and the building of explanatory theory regarding mathematics teaching and learning.

An analytical study revisiting debate on interpretation of Article 38 of the Statute of International Court of Justice

Article 38(1) of the Statute of International Court of Justice (hereinafter ICJ) is today generally seen as a direction to the significant sources of international law, which the world court must consider in resolving disputes; however, the list is not exhaustive nor encompasses all the formal and material sources of the international legal system. Article 38 of the Statute of ICJ was written ninety years ago in a different world, a question is under debate in many states, whether or not sources mentioned in Article 38 of the statute are compatible with needs of 21st century ? In recent decade, many new actors come on the stage which have transformed international law and now it is not only governs relations among states but also covers many International Organizations. Article 38(2) does refer to the other possible sources but does not define them. Moreover, law is a set of rules that citizens must follow to regulate peace and order in society. These laws are binding on both the individual and the state on a domestic and international level. Do states regard this particular rule as a rule of international law? The modern legal system of states is in the form of a specified and well organized set of rules, regulating affairs of different organs of a state. States also need a body of rules for their intercourse with each other. These sets of rules among states are called “International Law.” This article examines international law, its foundation and sources. It considers whether international conventions and treaties can be the only way states can considerably create international law, or there is a need for clarity about the sources of international law. Article is divided into two parts, the first one deals with sources of international law discussed in Article 38 of the statute of International Court of Justice whereas the second one discusses the material and formal sources of law, which still need reorganization as sources of law.

Reconsidering Relativism and Intentionalism in Interpretation : Donald Davidson, Hermeneutics, and Pragmatism

This study focuses on two philosophical issues related to the interpretation of art. Firstly, it considers the role of authorial intentions in interpretation. Secondly, the study raises the issue of relativism in interpretation through a discussion of the relativistic tendencies apparent in the views of three major figures of contemporary philosophy: Joseph Margolis, Hans-Georg Gadamer, and Richard Rorty. The major goal of the thesis is to develop a theory of interpretation supporting the role of authorial intentions in interpretation on the basis of Donald Davidson s late philosophy of language and the holistic account of interpretation that underlies different parts of his philosophy. It is my belief that an intentionalist view of interpretation built on Davidsonian elements manages to form the most convincing defense of that interpretive position against the skepticism present in the views of Margolis, Gadamer, and Rorty. The theoretical issues addressed in the thesis are illuminated by discussions of case-examples, most importantly Richard Wagner s The Valkyrie, Thomas Adés America: A Prophecy, and some symphonies by Dimitri Shostakovich. In chapter one, I present a critical discussion of Margolis robust relativism. While finding Margolis criticism of the self-refutive argument plausible, I, nevertheless, argue that the relativistic logic Margolis offers should not be favored in interpretation. The first parts of chapter two outline Davidsonian intentionalism by presenting a reading of Davidson s later work in philosophy of language and mind, and by indicating its relationship to Davidson s views of literature. Then, I shall compare Davidson s ideas with some recent modest forms of intentionalism found in analytic aesthetics, and argue that Davidsonian intentionalism is in many respects more satisfactory compared to them. Chapter three engages Gadamer s hermeneutics by defending E.D. Hirsch s criticism of Gadamer. Uncovering the shortcomings in the replies of Gadamer s followers to Hirsch s criticism serves as a basis for the defense of intentionalism in interpretation carried out in the chapter. That defense is then extended with a discussion of some recent hermeneutic readings of Davidson s views. Chapter four deals with the standing of intentionalism through Rorty s pragmatist approach to literature. By indicating the position of pragmatist notions of aesthetic experience and imagination in Davidsonian intentionalism, it is shown that an intentionalist approach need not be as impoverished with regard to the value Rorty attributes to literature as he assumes. The concluding chapter outlines some ways in which one can be a pluralist with regard to art and interpretation without falling into relativism.

Measurement and Interpretation of Salinity Tolerance in Four Perennial Grasses

Whilst the topic of soil salinity has received a substantive research effort over the years, the accurate measurement and interpretation of salinity tolerance data remain problematic. The tolerance of four perennial grass species (non-halophytes) to sodium chloride (NaCl) dominated salinity was determined in a free-flowing sand culture system. Although the salinity tolerance of non-halophytes is often represented by the threshold salinity model (bent-stick model), none of the species in the current study displayed any observable salinity threshold. Further, the observed yield decrease was not linear as suggested by the model. On re-examination of earlier datasets, we conclude that the threshold salinity model does not adequately describe the physiological processes limiting growth of non-halophytes in saline soils. Therefore, the use of the threshold salinity model is not recommended for non-halophytes, but rather, a model which more accurately reflects the physiological response observed in these saline soils, such as an exponential regression curve.

Thermo-chemical interpretation of polymer degradation

A correlation has been established between the heat of depolymerization (DeltaH) of vinyl polymers for going from solid polymer state to gaseous monomer state and the activation energy (E) of degradation. On this basis it has been shown that the rate controlling step in the degradation lies in the initiation step. Attempt has been made to correlate theE and DeltaH with glass transition temperature (Tg) and melting temperature (Tm) of the polymers.[/ p]

ssSNPer: identifying statistically similar SNPs to aid interpretation of genetic association studies

ssSNPer is a novel user-friendly web interface that provides easy determination of the number and location of untested HapMap SNPs, in the region surrounding a tested HapMap SNP, which are statistically similar and would thus produce comparable and perhaps more significant association results. Identification of ssSNPs can have crucial implications for the interpretation of the initial association results and the design of follow-up studies. AVAILABILITY: http://fraser.qimr.edu.au/general/daleN/ssSNPer/

Geometrical interpretation of Inönü-Wigner contractions

The Inönü-Wigner contractions which interrelate the Lie algebras of the isometry groups of metric spaces are discussed with reference to deformations of the absolutes of the spaces. A general formula is derived for the Lie algebra commutation relations of the isometry group for anyN-dimensional metric space. These ideas are illustrated by a discussion of important particular cases, which interrelate the four-dimensional de Sitter, Poincaré, and Galilean groups.

An autecological interpretation of the firm and its environment

Explaining the survival and failure of firms is an important issue for researchers and managers of firms in society. Ecological approaches to the study of firms have existed for over 100 years, and have been increasingly popular during the past 40 years, especially since the pioneering works of Hannan and Freeman on one hand, and Aldrich on the other. This paper, in keeping with recent developments elsewhere in mainstream ecology outlines and positions the theoretical and philosophical foundations of an alternative ecological approach, autecology, that has not yet been formulated for the study of firms. The autecological approach affords the individual firm more autonomy in creating its own future evolutionary trajectory. The idea of an ecological complex is developed to provide clear focus on what is central to the application of autecology to the study of firms. The paper also considers several emergent research opportunities that highlight the potential value of employing an autecological approach to the study of firms.

Application of molecular orbital theory to the interpretation of x-ray absorption spectra of platinum complexes

X-ray LIII-absorption edges of platinum in nine octahedral complexes have been recorded using a bent crystal spectrograph. The edge features of the discontinuities have been interpreted with the help of qualitative molecular orbital diagrams. A correlation between the energy separation of the first two absorption maxima and the spectrochemical series of the ligands has been arrived at.

Statutory licences and third party dealings: Property analysis v statutory interpretation

Statutory licensing schemes are proliferating as a means of regulating commercial activity, resource exploitation and activities harmful to the environment. Statutes often declare that entitlements are non-transferable or are transferable only with approval or subject to conditions. Some entitlements, such as resource consents issued under the Resource Management Act 1991 (NZ), are declared not to be property. Despite these statutory declarations, entitlements are often held to be transferable in equity or to be property for the purposes of resolving private disputes. Recently, in Greenshell New Zealand Ltd v Tikapa Moana Enterprises Ltd, the High Court of New Zealand indicated that a resource consent was property that could support a claim for relief against forfeiture, continuing the trend in earlier cases that appear to depart from the statute. In this article we examine the juridical treatment of entitlements in private law. We identify factors influencing the courts’ enforcement of private arrangements which may circumvent the statutory intent. Our analysis will guide legislators in the design of provisions to implement new schemes.

Situated interpretation in computational creativity

This paper describes, formalizes and implements an approach to computational creativity based on situated interpretation. The paper introduces the notions of framing and reframing of conceptual spaces based on empirical studies as the driver for this research. It uses concepts from situated cognition, and situated interpretation in particular, to be the basis of a formal model of the movement between conceptual spaces. This model is implemented using rules within interacting neural networks. This implementation demonstrates behaviour similar to that observed in studies of human designers.

Clinical reasoning: The relative contribution of identification, interpretation and hypothesis errors to misdiagnosis

The aim of this study was to identify and describe the types of errors in clinical reasoning that contribute to poor diagnostic performance at different levels of medical training and experience. Three cohorts of subjects, second- and fourth- (final) year medical students and a group of general practitioners, completed a set of clinical reasoning problems. The responses of those whose scores fell below the 25th centile were analysed to establish the stage of the clinical reasoning process - identification of relevant information, interpretation or hypothesis generation - at which most errors occurred and whether this was dependent on problem difficulty and level of medical experience. Results indicate that hypothesis errors decrease as expertise increases but that identification and interpretation errors increase. This may be due to inappropriate use of pattern recognition or to failure of the knowledge base. Furthermore, although hypothesis errors increased in line with problem difficulty, identification and interpretation errors decreased. A possible explanation is that as problem difficulty increases, subjects at all levels of expertise are less able to differentiate between relevant and irrelevant clinical features and so give equal consideration to all information contained within a case. It is concluded that the development of clinical reasoning in medical students throughout the course of their pre-clinical and clinical education may be enhanced by both an analysis of the clinical reasoning process and a specific focus on each of the stages at which errors commonly occur.