"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, May 19, 2009

Article Reference

Intention and Interpretation by Daniel Austin Green. At SSRN

Questions of interpretation for the author are questions of intention. A theory of interpretation should ideally start from a theory of intention. This essay, the author repeatedly suggests that, do not endorse one method of interpretation over other but discuss all theories of interpretation. Fundamental questions about the very nature of intention are important to discuss to understand arguments about legislative intent and thereby interpretation. The work draws attention to the performative issued involved in interpretation. It is argued that, 'law does not simply exist; law takes its very meaning through the verbal and actual rendition of it by human actors' and 'law relies on its human exposition for its continued existence and relevance'. Reference to interpretation of music and literature is made to garner support for intentionalist methodologies.

No comments: