Interpreting Statutes: A Comparative Study PDF
Preview Interpreting Statutes: A Comparative Study
INTERPRETING STATUTES INTERPRETING STATUTES A Comparative Study Edited by D. NEIL MacCORMICK Regius Professor of Public Law and the Law of Natr-1re and Nations University of Edinburgh and ROBERT S. SUMMERS McRoberts Research Professor of Law Cornell University: Arthur L. Goodhart Visiting Professor of Legal Science, University of Cambridge, 1991-92 ~~ ~~o~~!~n~~;up LONDON AND NEW YORK First published 1991 by Ashgate Publishing Published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN 711 ThirdAvenue, New York, NY 10017, USA Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright© D. N. MacCormick and R. S. Summers 1991 All rights reserved. No part of this book may be reprinted or repro- duced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopy- ing and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Notice: Product or corporate names may be trademarks or registered trade- marks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data Interpreting statutes: a comparative study. -(Legal philosophy). 1. Statutes I. MacCormick, D. Neil II. Summers, Robert S. (Robert Samuel} 1933- III. Series 342.822 Library of Congress Cataloging-in-Publication Data Interpreting statutes: a comparative study/edited by D. Neil MacCormick and Robert S. Summers. p. em. Includes bibliographical references and index. ISBN 1-85521-183-1 1. Law-Interpretation and construction. 2. Statutes. I. MacCormick, Neil. II. Summers, RobertS. K290.158 1991 348'.022-dc20 (342.822) 90-28249 CIP ISBN 13: 978-1-85521-183-4 (hbk) Contents Dedication vii Series Preface ix Preface and Acknowledgements xi 1 Introduction 1 Robert S. Summers, Ithaca 2 On Method and Methodology 9 Zenon Bankowski, Edinburgh, D. Neil MacCormick, Edinburgh, RobertS. Summers, Ithaca and Jerzy Wroblewski, -t6dz 3 Statutory Interpretation in Argentina 29 Enrique Zuleta-Puceiro, Buenos Aires 4 Statutory Interpretation in the Federal Republic of Germany 73 Robert Alexy, Kiel and Ralph Dreier, Gottingen 5 Statutory Interpretation in Finland 123 Aulis Aarnio, Helsinki 6 Statutory Interpretation in France 171 Michel Troper, Paris, Christophe Grzegorczyk, Paris and Jean-Louis Gardies, Nantes 7 Statutory Interpretation in Italy 213 Massimo La Torre, Bologna, Enrico Pattaro, Bologna and Michele T aruffo, Pavia 8 Statutory Interpretation in Poland 257 Jerzy Wroblewski, t6dz 9 Statutory Interpretation in Sweden 311 Aleksander Peczenik, Lund and Gunnar Bergholz, Lund v vi Interpreting Statutes 10 Statutory Interpretation in the United Kingdom 359 Zenon Bankowski, Edinburgh and D. Neil MacCormick, Edinburgh 11 Statutory Interpretation in the United States 407 Robert S. Summers, Ithaca 12 Interpretation and Comparative Analysis 461 Robert S. Summers, Ithaca and Michele Taruffo, Pavia 13 Interpretation and Justification 511 D. Neil MacCormick, Edinburgh and RobertS. Summers, Ithaca Appendix: Final Version of the Questions, Comparative Statutory Interpretation Project .1 November 1989 545 About the Authors 553 Index 557 This Work is Dedicated by all its Authors to the Memory of JERZY WROBLEWSKI 1926-1990 Colleague, co-author and friend of us all, a scholar of unsurpassed rigor and analytical insight, he had great physical and moral courage, tested alike in time of war and in time of peace. Educated at the Jagiellonian University of Krakow, he tool<: up his chair at -1:.6dz as a very young man, and served his University devotedly as professor and as rector; in difficult political circumstances, he retained unimpeachable integrity as scholar and as citizen, and conducted himself as a faithful friend of liberty and academic freedom. His tragically early death came at the moment at which political change and the challenge of a new appointment had opened to him the opportunity to develop long-considered themes in moral and political philosophy as well as seeing into print an English edition of his leading work in jurisprudence. His family has lost a kind husband and father; his colleagues a dear friend whose austerity of manner served only to disguise but not conceal the warmth of his affection; and the international community of legal scholarship a distinguished and distinctive member. He is greatly missed among us. vii Series Preface The objective of the Dartmouth Series in Applied Legal Philoso- phy is to publish work which adopts a theoretical approach to the study of particular areas or aspects of law or deals with general theories of law in a way which focusses on issues of practical moral and political concern in specific legal contexts. In recent years there has been an encouraging tendency for legal philosophers to utilize detailed knowledge of the substance and practicalities of law and a noteworthy development in the theoreti- cal sophistication of much legal research. The series seeks to encourage these trends and to make available studies in law which are both genuinely philosophical in approach and at the same time based on appropriate legal knowledge and directed .towards issues in the criticism and reform of actual laws and legal systems. The series will include studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging com- parative approach is encouraged and authors are drawn from a variety of jurisdictions. TOM D. CAMPBELL Series Editor The Faculty of Law The Australian National University ix
The list of books you might like
