Legal Interpretation, Intentionalism, and the Authority of Law

Abstract

The essay reflects upon the debate over intentionalism about statutory interpretation, and argues for a moderate version of intentionalism. It argues that the debate over intentionalism cannot be sorted out without establishing a viable conception of legislative authority. The outlines of such a conception are put forward by throwing some light on the concept of "representational authority". The essay also argues that the problem of legal interpretation touches upon issues of sovereignty. It implies that some important issues of the normative theory of legal interpretation are linked to substantive political philosophical problems.

Keywords: interpretation, normative theories of legal interpretation, intentionalism, representational authority, sovereignty

JEL Classification: K00, K11