Dynamic Statutory InterpretationHarvard University Press, 1994 - 438 sider Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation. |
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... interest statutes not be eroded by rent - seeking exceptions ; that special interest statutes be narrowly construed ; and that statutory schemes be allowed to change over time to adapt their goals to new circumstances and political ...
... interests would be effectively represented by the handlers . Functionally , the Court's preclusion of consumer standing undermined the act's purpose of protecting the interest of consumers because the regulated group ( milk producers ) ...
... interests . Rather than speaking of the “ violation " of Georgetown's free exercise “ rights , ” as her dissenting brethren did , 54 Mack discussed the “ burden ... on Georgetown's religious exercise , " and the “ interest ” of the ...
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The Practice of Dynamic Statutory Interpretation | 9 |
Jurisprudential Theories for Reading Statutes Dynamically | 107 |
Doctrinal Implications of Dynamic Statutory Jurisprudence | 205 |
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