Dynamic Statutory Interpretation
By (author) William N. Eskridge
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Dynamic Statutory Interpretation by William N. Eskridge
Book DescriptionContrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer administrative texts than either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centred as judge-centred and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence - liberal, legal process, and antiliberal - inform debates about statutory interpretation. He explores what theory of statutory interpretation - if any - is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
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Book DetailsISBN: 9780674218789
(235mm x 162mm x 29mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 21-Feb-1995
Country of Publication: United States
Books By Author William N. Eskridge
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Drawing from 17 years of data and experience with same-sex marriage in Scandinavia (in the form of registered partnerships), Gay Marriage: For Better or for Worse? is the first book to present empirical evidence about the effects of same-sex marriage on society.
Gaylaw, Paperback (May 2002)
In this text, William Eskridge presents a case for the "sexualization" of the first Amendment, showing why, for example, same-sex ceremonies and intimacy should be considered expressive conduct, deserving the protection of the courts.
Equality Practice, Paperback (January 2002)View all books by William N. Eskridge
A renowned Yale law professor chronicles the Vermont law and the changes it brings.
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Author Biography - William N. Eskridge
William N. Eskridge, Jr. is Professor of Law at Yale Law School.
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