Abstract

http://ssrn.com/abstract=1662482
 


 



Can Legislatures Constrain Judicial Interpretation of Statutes?


Anthony D'Amato


Northwestern University - School of Law

1989

Virginia Law Review, Vol. 75, 1989
Northwestern Public Law Research Paper No. 10-41

Abstract:     
An aspect of the battle over deconstruction is whether resort to legislative intent might help to determine the content of a statutory text that otherwise, in splendid isolation, could be deconstructed by simply positing different interpretive contexts. I examine the same issue by recounting my own quest for determinate meaning in statutes - a sort of personal legislative history. I do not claim for jurisprudence the role of ensuring faithful reception of the legislature's message, for that is impossible. At best, jurisprudential theory only reduces the degrees of interpretive freedom, and then only probably, not necessarily. The more significant thesis of this article is that all theories of statutory interpretation can only do that much and no more.

Number of Pages in PDF File: 35

Keywords: Legislative Intent, Statutory Interpretation, Jurisprudence, Deconstruction, Doctrinalists

JEL Classification: K30, K40, K49

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Date posted: August 21, 2010  

Suggested Citation

D'Amato, Anthony, Can Legislatures Constrain Judicial Interpretation of Statutes? (1989). Virginia Law Review, Vol. 75, 1989; Northwestern Public Law Research Paper No. 10-41. Available at SSRN: http://ssrn.com/abstract=1662482

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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