Statutory and Common Law Interpretation
Author | : Kent Greenawalt |
Publisher | : Oxford University Press |
Total Pages | : 402 |
Release | : 2013 |
ISBN-10 | : 9780199756148 |
ISBN-13 | : 0199756147 |
Rating | : 4/5 (48 Downloads) |
Download or read book Statutory and Common Law Interpretation written by Kent Greenawalt and published by Oxford University Press. This book was released on 2013 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.