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.

News

• “Consider child’s prospects while awarding compensation”
  

Law Commission of India Reports

1. Irretrievable Breakdown of Marriage – Another Ground for Divorce (217th Report)
   
2. Need for Justice-dispensation through ADR etc. (222nd Report)
3. Need for Ameliorating the lot of the Have-nots -Supreme Court’s Judgments (223rd Report)
4. Need for Speedy Justice – Some Suggestions (221st Report)
5. Need for Family Law Legislations for Non-resident Indians (219th Report)
   

• The reports are available at http://lawcommissionofindia.nic.in/

Reflection

Was it necessary for the SC?

J. Venkesan in today's The Hindu has reported about a judgment by SC titled; Joint ventures will ease housing shortage, says Supreme Court. The court seems to have recommended the Ministry of Urban Development to adopt joint ventures - public private partnership - to address the housing problem. I am yet to read the full judgment and wonder was it necessary for the court to give its opinion/recommendation on a policy matter, which stands in the domain of other branches of the government.