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Philosophy - Statutory and Common Law Interpretation

Description

Book Synopsis: As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles.

The next issue addressed is whether the intent of those in authority matters for interpreting the kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing.

On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule.

A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted.

The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions.

An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula.

A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles.

Details

Unlock the complex world of legal interpretation with our Statutory and Common Law Interpretation Book! Written by renowned legal scholar Kent Greenwalt, this thought-provoking volume delves deep into the intricacies of both statutory and common law interpretation. With a focus on clarifying the roles of judges and the intent of legislators, this book provides invaluable insights for legal professionals and enthusiasts alike.

When it comes to statutory interpretation, it's crucial to understand that judges are not merely "faithful agents" or "independent cooperative partners" of the legislature. They play a multifaceted role that requires consideration of the language of specific provisions as well as the overall purpose of the laws. Greenwalt's book argues convincingly that judges should also take into account the intentions of legislators, as they form an essential part of the context within which statutes are interpreted.

In contrast, common law interpretation emphasizes the force of precedents and the careful examination of analogous reasoning. Greenwalt's work demonstrates that common law interpretation cannot be reduced to a simple formula, as it involves the interplay of rules, principles, and policies. By exploring the similarities and differences between statutory and common law interpretation, this book sheds light on how these two legal frameworks influence and shape each other.

Don't miss out on the opportunity to gain a deeper understanding of legal interpretation with our Statutory and Common Law Interpretation Book! To purchase your copy and unlock the secrets of legal reasoning, click here.

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