The law of interpretation

How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's inten...

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Bibliographic Details
Published in:Harvard law review 2017-02, p.1081
Main Authors: Baude, William, Sachs, Stephen E
Format: Article
Language:English
Online Access:Get full text
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Summary:How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.
ISSN:0017-811X
2161-976X