Eight Reasons to be an Originalist. Students may choose to write a short research paper on any one of the questions presented. He then analyzes the leading methods and theories of statutory interpretation--textualism, legislative intent, interpretive canons, and pragmatism--particularly assessing them against the problem of willful and outcome-oriented judging. theory and practice of legislation and statutory interpretation. I conclude with some methodological remarks. I. Where they are possible of giving one and only one meaning there is no problem. The rules of statutory interpretation now include an analysis of values and human rights. When courts render decisions on the My answer is vague but true: interpretation theory studies all the theories related to all modes of interpretation. The answers to these questions determine if the standards for inter-preting a text can apply to additional legal activities. Thus, any truly general theory will apply to law. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service Summary In the tripartite structure of the U.S. federal government, it is the job of courts to say what the law is, as Chief Justice John Marshall announced in 1803. 1. Srivastava, Judge, Delhi High Court at New Delhi Words spoken or written are the means of communication. ... Natural Law Theorist: A person who believes that higher moral law ought to trump inconsistent positive law. Everyone agrees that legal analysis involves one form (or a number of related forms) of interpretation. INTERPRETATION OF STATUTES Justice A.K. Any such theory of interpretation, however, must accommodate itself to the role of judicial review within American democracy. Theories of Constitutional Interpretation. This chapter turns from theories of interpretation developed in particular disciplines to general theories. begin interpreting a statute (Part I), tools of statutory interpretation (Part II), and theories of statutory interpretation (Part III) that can help inform which tools of interpretation you employ. When a court sets aside a statute as unconstitutional, it in essence deems the statute invalid in the name of the Constitution. Delineating questions about conventional meaning, legal content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. But don’t worry, I’ll explain further… It studies hermeneutics, which are particular modes of interpretation. On the first day of each week, we will discuss major theories of statutory interpretation. Read the statute. theories as an explanation of the FMLA—a natural law theory of legislation applying the insights of John Finnis—and examine whether Finnis’s methodology can be used to answer a riddle one faces in elaborating a theory of statutory interpretation: What sense Preliminary Steps There are three important preliminary steps you should take before attempting to interpret a given statute: 1. “What is interpretation theory?” says literally everyone, ever. Student(s) will present an argument for and against a specific proposition for the week. theory of interpretation becomes one of a variety of systems of interpreta-tion (as deﬁned above). 93 As discussed, both theories share the same general goal of faithfully interpreting statutes enacted by Congress. The two predominant theories of statutory interpretation today are purposivism and textualism. Interpretation of statutes has been heavily influenced by the following constitutional provisions: Sec 1 - democratic, fair values which reflect human dignity, non-racialism and non- sexism; Sec 2 - the Constitution is supreme: The Limits of Interpretation in Law My deﬁnition of interpretation raises a number of questions of classiﬁca-tion. a "theory" of constitutional interpretation. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. Originalism reduces the likelihood that unelected judges will seize the reigns of power from elected representatives.