Recasting Canons of Interpretation and Construction into "Canonical" Queries: Further Canonical Queries of Presented or Transmitted Text

52 Pages Posted: 24 Feb 2023 Last revised: 11 Mar 2023

Date Written: February 24, 2023

Abstract

This Article draws from, builds upon, and continues my prior article (published in 2022 in the Wake Forest Law Review) addressing the conversion of canons of construction into “canonical” queries in both the public and private sphere. See https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3913361

In this Article, I continue exploring further groups of canons and queries of transmitted/presented text including those outlined in appendices of my prior article. These further groups include: Queries of Signifier Scope (the Ejusdem Generis Query, the Noscitur a Sociis Query, the Expressio Unius Query, the Antecedent/Subsequent Query, and the Anaphora Query); Queries of Signifier Fit and Coherence (the Whole Text Query, the No Surplusage Query, the Absurdity Query, the Scrivener’s Error Query, the Exercise of Power Query, the Consistent Meaning Query, the Fit with the Surrounding Text Query, the In Pari Materia Query, the Particular vs. General Query, the Ellipsis Query, the Conjunction Query, the Disjunction Query, the General Query of Severability, the Relevance Query, the Presupposition Query, and the Preconception Query); and Queries of Context (including Queries turning on Linguistic, Physical, Cognitive, Type of Discourse, or Other Relevant Contexts).

This is the second in a series of four planned articles. The third will address queries of meaning and time. The fourth will address further miscellaneous queries of intent, motive, meaning and policy. My hope is that the four articles taken together will provide a detailed response to, among other works, Scalia & Garner's book titled Reading Law.

Keywords: interpretation,construction, canon of construction, ejusdem generis, noscitur a sociis, expressio unius, anaphora, surplusage, absurdity, scrivener's error, pari materia, ellipsis, severability, context, conjunction, disjunction, meaning, relevance, whole text, text, semiotics

Suggested Citation

Lloyd, Harold Anthony, Recasting Canons of Interpretation and Construction into "Canonical" Queries: Further Canonical Queries of Presented or Transmitted Text (February 24, 2023). Wake Forest Law Review, 4369755, Wake Forest Univ. Legal Studies Paper 4369755, Available at SSRN: https://ssrn.com/abstract=4369755 or http://dx.doi.org/10.2139/ssrn.4369755

Harold Anthony Lloyd (Contact Author)

Wake Forest University School of Law ( email )

Winston-Salem, NC
United States

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