The canons of statutory construction and judicial preferences. The thesis of the book is that there are valid canons 18 of statutory inter pretation and that if all judges followed these valid canons they would be more constrained and law would be more predictable. See worldcat for library copies and bookfinder for copies for sale. Canons of construction legal definition of canons of. As a result, these canons have received a lot of attention from statutory interpretation scholars and court commentators. The defendant predicates its argument on the axiom expressio unius est exclusio alterius, translated from latin to mean the expression of one thing is the exclusion of another.
As helpful as these treatises can be, they dont do much at all for one important. The canons include linguistic canons that are based on grammatical rules and presumptions about usage. In this groundbreaking book by bestselling authors justice antonin scalia and bryan a. In this groundbreaking book by bestselling authors justice antonin scalia and bryan. Thus, part i suggests that the interesting issue in the debate over the canons of statutory construction is not whether the canons as a 2. Both the seriesqualifier canon and the nearestreasonablereferent canon break new ground in fairly. Following are some of the guides that the courts most often use.
Where the language of a statute is plain and unambiguous, courts give effect to the statute as written, without engaging in statutory construction. As a result, these canons have received a lot of attention from. United states promises to be a primetime event for statutory interpretation geeks. Substantive canons of statutory construction such as the rule of lenity or the canon of constitutional avoidance sometimes play a pivotal role in the supreme courts statutory interpretation cases. This appendix collects the canons of statutory construction that have been used or developed by the rehnquist court, from the 1986 through the 1993 terms of. The presumption against extraterritoriality is a prime example. A new book on statutory interpretation has just been published. The new presumption against extraterritoriality harvard. Canons of statutory construction united states federal law. Statutory canons of construction at baylor university. Canons of statutory construction legal definition of. But, if the general statute was enacted more recently and it appears.
Here, the context and statutory language of part nn of chapter 118 weigh in favor of construing the term until as continuing the relevant tax law provisions in effect through october 15, 2001, rather than through the end of the day on. Oct 19, 2012 judge posner on statutory interpretation. The interpretation of legal texts and its by supreme court justice antonin scalia and usage guru bryan garner, who previously coauthored making your case. The false notion that a statute cannot oust courts of jurisdiction unless it does so expressly. Introduction considering the flood of legislation passed in recent years by state legislatures and congress, it is becoming less and less likely that the practitioner can ever afford to ignore statutory materials. League of california cities statutory construction, league of california cities. Intention and the canons of legal interpretation the new. Garner says that all the canons of interpretation that are discussed in the book are well established and have been frequently applied. In the case of a statute, certain canons of construction can help a court ascertain what the drafters of the statuteusually congress or a state legislaturemeant by the language. A book for your bosses coates canons coates canons.
Canons are taking their turn down the academic runway in ways that no one would have foretold just a decade ago. As stated above, legislative history can guide construction of a statute. Topics include legislative power, legislative organization and. It evolved from a rule based on international law, to a canon of comity, to a tool for finding legislative intent. The false notion that committee reports and floor speeches are worth while aids in statutory. Legislative history can be a guide for statutory construction. Thus, part i suggests that the interesting issue in the debate over the canons of statutory construction is. If theres a conflict between two statutory provisions one of them a general statement and the other a specific statement the court will apply the more specific statement as an exception to the general statement.
Garner, all the most important principles of constitutional, statutory, and contractual interpretation are systematically explained in an engaging and informative styleincluding several hundred illustrations from actual cases. Sutherland statutes and statutory construction thomson reuters. In the case of a statute, certain canons of construction can help a court ascertain what the drafters of the statuteusually congress or a state legislaturemeant by the language used in the law. Affection for canons of construction has taken center stage in recent supreme court cases and in constitutional theory.
A categorical distinction in the years since the supreme courts 1984 decision chevron u. Commonly applied rules of statutory construction colorado. The last of these five canons for interpretations is interpret analogically. At the end are some canons that apply to specific areas of law.
The canons also include substantive canons that incorporate policybased assumptions about legislative intent. Apr 17, 2020 canons of statutory construction are general rules for construing text. There are literally so many canons of statutory construction, often diametrically opposed to one another, that the courts may pick and choose those canons most favor. Canons of statutory interpretation are sometimes said to promote continuity and stability in the law. This book provides insights into the theory and practice of statutory interpretation by courts. The canons include linguistic canons that are based on grammatical rules. Canons of statutory construction united states federal. The authors codify canons of statutory interpretation that have enjoyed. The canons of interpretation wikisource, the free online.
The common textual canons of statutory construction employed in american jurisprudence are. A civil statute presumptively has no retroactive application. League of california cities statutory construction. Reconsidering substantive canons the university of chicago.
A new approach to statutory interpretation in washington. By relying on empirical evidence from the rehnquist supreme court, this treatise analyzes the disputes over various approaches to statutory interpretation. Reed dickerson, the interpretation and application of statutes little, brown and company 1975. Lawrence, long time institute and school of government faculty member chose a questionandanswer format for the book, which made it incredibly easy to use. Apr 05, 2018 just as the justifications for using the canons of construction vary, so may judges disagree on what qualifies as a valid canon, either as a matter of theory or historical fact. Reading law and the canons of construction the first example is the seminal book reading law, by justice antonin scalia and linguist bryan garner. First, judges often begin by looking to the ordinary meaning of the statutory text. Buy sutherland statutes and statutory construction at legal solutions from thomson reuters.
In reading law, justice scalia and his coauthor, professor bryan garner, promise that textbased, statutory interpretation can be rendered. The new textualism and normative canons yale law school. The appendix divides the canons into three conventional categories. Choosing the fictions of statutory interpretation eben moglent and richard j. Words must be given the meaning they had when the text was adopted. This book provides insights into the theory and practice of statutory.
First published in 1976, the open meetings book has been an authoritative reference on north carolinas open meetings law. Statutory interpretation lillian goldman law library. The false notion that words should be strictly construed. However, each matter of interpretation before a court presents unique challenges. The canons of page construction are historical reconstructions, based on careful measurement of extant books and what is known of the mathematics and engineering methods of the time, of manuscriptframework methods that may have been used in medieval or renaissanceera book design to divide a page into pleasing proportions.
Canons of statutory construction legal definition of canons. Language, or linguistic, canons are interpretive rules of thumb for drawing inferences based on customary usage, grammar, and the like. Canons of construction, stare decisis and dependent indian. Listing the canons of construction idaho state bar. Canons of statutory construction united states federal law free. Second, courts interpret specific provisions by looking to the broader statutory context. The multivolume sutherland statutory construction is the authoritative text on the rules of statutory construction. Substantive canonsfor example, the rule of lenity, the avoidance. Unfortunately, the canons of statutory construction developed by courts across the united states, including those in washington, are often resultdriven. Statutory construction 1 league of california cities. What scholarship has agreed upon as the meaning of a word, that must be its meaning for us. Carparelli, the rehnquist courts canons of statutory construction sept. Such a book is for us laymen a last court of appeal.
Words are to be understood in their ordinary, everyday meaningsunless the context indicates that they bear a technical sense. Perhaps in response, he focused more on the canons in his columbia remarks. Reconsidering substantive canons the university of. Recognized as a core text on statutory construction by the american bar association and others, sutherland statutes and statutory construction lays out the principles of statutory interpretation and helps you develop your own theories and positions supported by these principles, and by analysis of the legislative process itself. Indeed, one could tout this as the battle of the canons the exchange of volleys between two venerable canons of statutory construction. Sebelius might find an answer not necessarily the answer in antonin scalias and bryan a. Karl llewellyn, remarks on the theory of appellate decisions and the rules or canons about how statutes are to be construed 3 vand. Yet it is widely acknowledged that canons themselves often change. Llewellyn wrote that accepted rules of statutory interpretation canons of construction led in happily variant directions. Based on data from 296 cases, the article argues that much of the conventional wisdom about substantive canons of statutory construction is wrong, or at least overstated with respect to the modern supreme court.
Third, judges may turn to the canons of construction, which are presumptions about how courts ordinarily read statutes. Begin your research on statutory interpretation with these prominent treatises. In support he offered a list of twentyeight pairs of canons, each pair a thrust and a parry having opposite effect. But as i think ive shown in my earlier post three syntactic canons, thats not correct. Although the socalled canons of statutory construction may at times serve as useful tools in. A number of interpretive canons of statutory interpretation depend on an initial evaluation of whether the statutory text is clear or ambiguous. The system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract. The false notion that the quest in statutory interpretation is to do justice. Those who are still wondering why chief justice john g.
Commonly applied rules of statutory construction the statutes and common law provide several rules that guide the courts when they interpret a statute. Canons of construction legal definition of canons of construction. This article provides the first empirical study of the roberts courts use of substantive canons in statutory interpretation cases. Third, judges may turn to the canons of construction, which are. What scholarship has agreed upon as the meaning of a word, that must be its. Canons of statutory construction are general rules for construing text. Since their popularization in the 20th century, these canons have. Words come and words go, and change with the passing of time. Not infrequently the court stacks the deck, and subordinates the general, linguistic canons of statutory construction, as well as other interpretive principles, to. As such, the treatise 3as scalia and garner describe itrepresents a valuable resource for anyone engaged in the work of statutory interpretation. Jun 25, 2012 a new book on statutory interpretation has just been published. This appendix collects the canons of statutory construction that have been used or developed by the rehnquist court, from the 1986 through the 1993 terms of the court inclusive. Introduction statutory interpretation treatises guides at. Just as the justifications for using the canons of construction vary, so may judges disagree on what qualifies as a valid canon, either as a matter of theory or historical fact.
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