Statutes in Court: The History and Theory of Statutory Interpretation PDF
Preview Statutes in Court: The History and Theory of Statutory Interpretation
Statutes in Court Statutes in Court The History and Theory of Statutory Interpretation William D. Popkin Duke University Press Durham & London 1999 © 1999 Duke University Press All rights reserved Printed in the United States of America on acid-free paper (§ Designed by Rebecca Filene Typeset in Sabon by Tseng Information Systems, Inc. Library of Congress Cataloging-in-Publication Data appear on the last printed page of this book. To my wife, Prema Contents Preface ix Introduction I Part I The Evolution of Statutory Interpretation: English Antecedents and United States Experience 7 1. English History 9 2. The United States: From the Revolution to the Founding 31 3. The United States: Nineteenth Century 59 4. From 1900 to the 1960s: Purposive Interpretation II5 Part II Contemporary Statutory Interpretation 151 5. Giving Judges as Little to Do as Possible: The Rise of Modern Textualism 157 6. Giving Judges Something to Do: Republicanism and Substantive Canons 189 7. Ordinary Judging 207 Notes 257 Index of Cases 333 Index 335 Preface My interest in statutory interpretation goes back a long way, to my years in law school and especially to my tax teacher, Ernest Brown. I cannot tell if he would approve of any of my conclusions, but he is responsible for my lifelong fascination with how statutory meaning is determined and I thank him for that. I also want to express my appreciation to my students and colleagues over the years, who have been a constant source of questions and information. They greatly enriched my thinking. Special thanks go to my colleagues, Dan Conkle and Bruce Markell, who read and commented on earlier drafts of this book.
The list of books you might like
