Legislative Intent in Law's Empire

Ratio Juris 24 (4):435-460 (2011)
This article considers Dworkin's influential argument against legislative intent in chapter 9 of Law's Empire. The argument proves much less than is often assumed for it fails to address the possibility that the institution of the legislature may form and act on intentions. Indeed, analysis of Dworkin's argument lends support to that possibility. Dworkin aims to refute legislative intent in order to elucidate his own theory of statutory interpretation. That theory fails to explain plausibly legislative action. Dworkin's argument does not refute legislative intent but instead suggests there is reason to think that the legislature is capable of intentional action
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DOI 10.1111/j.1467-9337.2011.00494.x
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R. M. Dworkin (1988). Law's Empire. Harvard University Press.

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