Statutory Interpretation and the Many Virtues of Legislation

Oxford J Legal Studies (2016). doi: 10.1093/ojls/gqw011. First published online: May 27, 2016

Posted: 29 May 2016

See all articles by Arie Rosen

Arie Rosen

University of Auckland Faculty of Law

Date Written: May 27, 2016

Abstract

The question of statutory interpretation is closely connected to convictions we have in our political theory. This article explores one such connection, focusing on the relationship between the respect owed to legislative decisions and our interpretive practices. It develops two arguments in this regard. The first argument traces the way varying understandings of modern legislation and alternative accounts of the value of legislative practices entail different modes of statutory interpretation. The second argument criticises existing theories of statutory interpretation for assuming a monolithic account of the value of legislation and suggests that different approaches to statutory interpretation might be appropriate for dealing with different exercises of legislative power.

Keywords: statutory interpretation, adjudication, legal reasoning, political authority, legislation

Suggested Citation

Rosen, Arie, Statutory Interpretation and the Many Virtues of Legislation (May 27, 2016). Oxford J Legal Studies (2016). doi: 10.1093/ojls/gqw011. First published online: May 27, 2016, Available at SSRN: https://ssrn.com/abstract=2785991

Arie Rosen (Contact Author)

University of Auckland Faculty of Law ( email )

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