Description
Book Synopsis: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Details
Are you tired of trying to interpret statutes without any knowledge of the legislative intent? Look no further! Introducing "The Nature of Legislative Intent (Oxford Legal Philosophy)" book, your ultimate guide to understanding the intentions behind legislative acts. This comprehensive book delves into the heart of the matter, unraveling the mystery of how individual legislators' intentions contribute to a coherent group intention. With this invaluable resource in your hands, you'll never be left wondering about the true meaning behind legislation again.
Contrary to popular belief, legislative intent is not a fiction but a well-formed intention. In this book, the authors provide a meticulous analysis of how members of purposive groups, such as the legislature, act together through common plans. By exploring how the legislature cooperates to legislate, you'll gain insights into the decision-making process and understand that legislative action is much more than a random occurrence. Legislating involves a purposeful choice to change the law, and the well-formed legislature possesses the capacity to determine what should be done and act accordingly.
To further solidify their argument, the authors emphasize the critical role of intention in the nature of language use. By examining the formation and action of joint intentions within the assembly, they provide a compelling case that these intentions do not reduce to the intentions of each member. This groundbreaking analysis has significant implications for the practice of statutory interpretation, shedding light on the importance of considering legislative intent to arrive at accurate and meaningful understanding of the law.
Dive into the depths of deliberative democracy with "The Nature of Legislative Intent (Oxford Legal Philosophy)" book. This remarkable contribution to the literature on legal interpretation and constitutional theory is a must-read for anyone seeking to unravel the complexities of legislative intent. Don't miss out on this opportunity to enhance your knowledge and become a more informed interpreter of statutes. Get your copy now and empower yourself with the insights you need to excel in your legal endeavors. Order your copy today!
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