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Statutory and Common Law Interpretation by Kent Greenawalt is a nonfiction available to read on EtoBox.

What is Statutory and Common Law Interpretation about?

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 rel

Who reads Statutory and Common Law Interpretation?

Author

Kent Greenawalt

Publisher

IRL Press at Oxford University Press

Published

2012

Language

EN

ISBN

9780199979523

Category

nonfiction

Subjects

Law, Legal Theory & Philosophy