Legislative Intent in Law's Empire

Ratio Juris 24 (4):435-460 (2011)
Abstract
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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References found in this work BETA
Law's Empire.R. DWORKIN - 1986 - Harvard University Press.
The Concept of Law.H. L. A. Hart - 1961 - Oxford University Press.
Natural Law and Natural Rights.John Finnis - 1979 - Oxford University Press.
Law and Disagreement.Jeremy Waldron - 1998 - Oxford University Press.

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