‘Layers of Intentions’

Martin Matczak, Three Kinds of Intention in Lawmaking, 36 Law and Philosophy 651 (2017). ‘Legislative intention’ is one of those concepts that many people use without recognizing the complexity of the underlying idea. The issue of statutory interpretation is frequently characterized as being a disagreement between ‘intentionalists’ and ‘textualists’, an argument regarding what role, if any, lawmakers’ intentions should be given in determining the meaning and application of statutes. However, even if one starts from the position that legislative intentions are important, there is a further question regarding which intentions we are talking about … (more)

[Brian Bix, JOTWELL, 14 January]

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