David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 29 (1):1-29 (2010)
Intentionalism is the view that statutes should be interpreted in accordance with the intentions of the legislatures that produce them. As a theory of legislative interpretation, intentionalism has been very influential, but it has also been subject to much critical attention. It is claimed that legislatures will seldom have any relevant intentions, and that even if they did, we could not come to know them. I propose a modification of intentionalism that significantly mitigates the severity of these problems. I begin by noting that legislation is seldom (if ever) written by an entire legislature. Instead, it is commonly written by individuals or subgroups acting as proxies on behalf of the legislature. I then argue that the reasons why legislation should be interpreted in accordance with the intentions of legislatures are equally applicable to the intentions of proxies. This is significant because proxies are much more likely to have ascertainable intentions.
|Keywords||Philosophy Logic Political Science Social Sciences, general Law Theory/Law Philosophy Philosophy of Law|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Eric Marcus (2006). Intentionalism and the Imaginability of the Inverted Spectrum. Philosophical Quarterly 56 (224):321-339.
Sheila Lintott (2002). When Artists Fail: A Reply to Trivedi. British Journal of Aesthetics 42 (1):64-72.
Richard Ekins (2011). Legislative Intent in Law's Empire. Ratio Juris 24 (4):435-460.
George Dickie (2006). Intentions: Conversations and Art. British Journal of Aesthetics 46 (1):70-81.
Jonas Åkerman (2009). A Plea for Pragmatics. Synthese 170 (1):155 - 167.
Bruno Verbeek (ed.) (2007). Reasons and Intentions. Ashgate Pub. Ltd..
Jukka Mikkonen (2009). Intentions and Interpretations: Philosophical Fiction as Conversation. Contemporary Aesthetics 7.
Kenneth P. Winkler (2009). Early Modern Intentionalism: Replies to LoLordo's Comments. Philosophia 37 (3):507-509.
Vivienne Brown (2007). Historical Interpretation, Intentionalism and Philosophy of Mind. Journal of the Philosophy of History 1 (1):25-62.
Stephen Davies (2006). Authors' Intentions, Literary Interpretation, and Literary Value. British Journal of Aesthetics 46 (3):223-247.
Added to index2009-04-20
Total downloads32 ( #65,270 of 1,692,217 )
Recent downloads (6 months)3 ( #78,120 of 1,692,217 )
How can I increase my downloads?