Statutes in Court: The History and Theory of Statutory Interpretation

Statutes in Court: The History and Theory of Statutory Interpretation

By: William D. Popkin (author)Hardback

Special OrderSpecial Order item not currently available. We'll try and order for you.

Description

How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. In Statutes in Court William D. Popkin provides an indispensable survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion. Popkin begins by discussing the British origins of statutory interpretation in this country. He then maps the evolving conceptions of the judicial role in the United States from Revolutionary times through the twentieth century before presenting his "ordinary judging" theory-one that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Claiming that theory cannot account for everything a judge does when determining statutory meaning or writing an opinion, Popkin shows how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court fills that gap. This work will be valuable to anyone concerned about the judicial role in the interpretation of laws-from judiciary officials and law professors to legal historians and political scientists.

About Author

William D. Popkin is Walter W. Foskett Professor of Law at Indiana University and author of Materials on Legislation: Political Language and the Political Process.

Product Details

  • ISBN13: 9780822323280
  • Format: Hardback
  • Number Of Pages: 352
  • ID: 9780822323280
  • ISBN10: 0822323281

Delivery Information

  • Saver Delivery: Yes
  • 1st Class Delivery: Yes
  • Courier Delivery: Yes
  • Store Delivery: Yes

Prices are for internet purchases only. Prices and availability in WHSmith Stores may vary significantly

Close