The nature of legislative intent remains a subject of vigorous debate. Its many participants perceive the intent in different ways. In this paper, I identify the reason for such diverse perceptions: three intentions are involved in lawmaking, not one. The three intentions correspond to the three aspects of a speech act: locutionary, illocutionary and perlocutionary. The dominant approach in legal theory holds that legislative intent is a semantic (locutionary) one. A closer examination shows that it is, in fact, an illocutionary one. In the paper, I draw the consequences for legal interpretation of this more theorized model of legislative intent
In Reading Law, the late Justice Antonin Scalia and his co-author Bryan Garner defend “pure textuali...
The article focuses on the interpretative argument which appeals to the intentions of the participan...
This article argues that theorists and practitioners of statutory interpretation should rethink two ...
The nature of legislative intent remains a subject of vigorous debate. Its many participants perceiv...
The authors start from the assumption that the intention of the legislator is an element that the in...
This article reflects on the argument of The Nature of the Legislative Intent, replying in part to t...
In The Nature of Legislative Intent Richard Ekins presents a theory of legislation that reaffirms th...
In The Nature of Legislative Intent Richard Ekins presents a theory of legislation that reaffirms th...
Some members of the High Court have recently challenged the longstanding, fundamental principle that...
Legislative intent is considered to be one of the aids to statutory interpretation. This article loo...
In statutory interpretation, theorists have long argued that the U.S. Congress is a “they,” not an “...
The usefulness of legislative history has been brought into question concerning how judges interpret...
What is a court trying to do when it interprets or applies a statute? This installment of my column ...
Textualism is the theory of legislative interpretation championed most famously by the late Supreme ...
In legal systems, the intention of people in certainty of legal performance plays the main role and ...
In Reading Law, the late Justice Antonin Scalia and his co-author Bryan Garner defend “pure textuali...
The article focuses on the interpretative argument which appeals to the intentions of the participan...
This article argues that theorists and practitioners of statutory interpretation should rethink two ...
The nature of legislative intent remains a subject of vigorous debate. Its many participants perceiv...
The authors start from the assumption that the intention of the legislator is an element that the in...
This article reflects on the argument of The Nature of the Legislative Intent, replying in part to t...
In The Nature of Legislative Intent Richard Ekins presents a theory of legislation that reaffirms th...
In The Nature of Legislative Intent Richard Ekins presents a theory of legislation that reaffirms th...
Some members of the High Court have recently challenged the longstanding, fundamental principle that...
Legislative intent is considered to be one of the aids to statutory interpretation. This article loo...
In statutory interpretation, theorists have long argued that the U.S. Congress is a “they,” not an “...
The usefulness of legislative history has been brought into question concerning how judges interpret...
What is a court trying to do when it interprets or applies a statute? This installment of my column ...
Textualism is the theory of legislative interpretation championed most famously by the late Supreme ...
In legal systems, the intention of people in certainty of legal performance plays the main role and ...
In Reading Law, the late Justice Antonin Scalia and his co-author Bryan Garner defend “pure textuali...
The article focuses on the interpretative argument which appeals to the intentions of the participan...
This article argues that theorists and practitioners of statutory interpretation should rethink two ...