Law School Admission Test /Statutory Interpretation and Legal Theory
Statutory Interpretation and Legal Theory
This deck covers key concepts in statutory interpretation, focusing on Dworkin's theories, the Hercules model, and the role of legislative intent. It explores the idea of law as integrity and different approaches to understanding legislative history.
What is the speaker-intention model in statutory interpretation?
The speaker-intention model involves interpreting a statute based on the intentions of its drafters, as demonstrated by Hermes.
Tap to flip
Space↑↓
←→Navigate
SSpeak
FFocus
1/10
Key Terms
Term
Definition
What is the speaker-intention model in statutory interpretation?
The speaker-intention model involves interpreting a statute based on the intentions of its drafters, as demonstrated by Hermes.
Hover to peek or log in to view all
What does Dworkin propose instead of the speaker-intention model?
Dworkin suggests the Hercules model, which views statutory interpretation as a problem of constructive interpretation.
Hover to peek or log in to view all
What is the chain novel approach in statutory interpretation?
The chain novel approach treats statutes as part of a continuous narrative, where each input has value, either decisive or useful but not decisive.
How does Dworkin define 'law as integrity'?
Law as integrity means viewing the law as a coherent whole, emphasizing coherence and wholeness in legal interpretation.
What is originalism in the context of statutory interpretation?
Originalism is the view that judges should apply the legislative intent as it was originally intended, without discretion beyond implementing lawmaker...
Hover to peek or log in to view all
What are the two views of legislative history?
The speaker's meaning view sees legislative acts as history, while the conversational view treats statements as evidence of legislators' intents.
Hover to peek or log in to view all
Related Flashcard Decks
Study Tips
- Press F to enter focus mode for distraction-free studying
- Review cards regularly to improve retention
- Try to recall the answer before flipping the card
- Share this deck with friends to study together
| Term | Definition |
|---|---|
What is the speaker-intention model in statutory interpretation? | The speaker-intention model involves interpreting a statute based on the intentions of its drafters, as demonstrated by Hermes. |
What does Dworkin propose instead of the speaker-intention model? | Dworkin suggests the Hercules model, which views statutory interpretation as a problem of constructive interpretation. |
What is the chain novel approach in statutory interpretation? | The chain novel approach treats statutes as part of a continuous narrative, where each input has value, either decisive or useful but not decisive. |
How does Dworkin define 'law as integrity'? | Law as integrity means viewing the law as a coherent whole, emphasizing coherence and wholeness in legal interpretation. |
What is originalism in the context of statutory interpretation? | Originalism is the view that judges should apply the legislative intent as it was originally intended, without discretion beyond implementing lawmakers' intentions. |
What are the two views of legislative history? | The speaker's meaning view sees legislative acts as history, while the conversational view treats statements as evidence of legislators' intents. |
How does Hercules view legislative acts? | Hercules sees legislative acts as political acts that are relevant but not decisive in determining legislative intention. |
What is Dworkin's stance on legislative intention? | Dworkin argues that legislative intention should not be seen as the sum of individual intentions but as part of a broader, collective effort. |
What is the beliefs and convictions approach? | This constructivist approach assumes that anyone who voted for a statute can be expected to share certain beliefs or intentions. |
What is the counterfactual test approach? | The counterfactual test imagines how Parliament would have decided a problem if it had been presented to them, seen as a fictional exercise. |