Pulling the rug out from debates about interpretation, The Language of
Statutes joins together learning from law, linguistics, and cognitive
science to illuminate the fundamental issues and problems in this
highly contested area. Here, Lawrence M. Solan argues that statutory
interpretation is alive, well, and not in need of the major overhaul
that many have suggested. Rather, he suggests, the majority of people
understand their rights and obligations most of the time, with
difficult cases occurring in circumstances that we can predict from
understanding when our minds do not work in a lawlike way. Solan
explains that these cases arise because of the gap between our
inability to write crisp yet flexible laws on one hand and the ways in
which our cognitive and linguistic faculties are structured on the
other. Making our lives easier and more efficient, we’re predisposed
to absorb new situations into categories we have previously
formed—but in the legislative and judicial realms this can present
major difficulties. Solan provides an excellent introduction to
statutory interpretation, rejecting the extreme arguments that judges
have either too much or too little leeway, and explaining how and why
a certain number of interpretive problems are simply inevitable.
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Laws and Their Interpretation
Produktdetaljer
ISBN
9780226767987
Publisert
2018
Utgave
1. utgave
Utgiver
Vendor
University of Chicago Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter