Legislation: Statutory Interpretation: 20 Questions

by Kent Greenawalt and Robert Greenawalt

Book Overview

This book gives an overview of the field of statutory interpretation for the law student. It examines the subject through questions that help show how Legislation is crafted. Part of the University... This description may be from another edition of this product.

• Format: Paperback
• Language: English
• ISBN: 1566627842
• ISBN13: 9781566627849
• Release Date: February 2008
• Publisher: Foundation Press
• Length: 316 Pages
• Weight: 0.97 lbs.
• Dimensions: 0.5" x 4.9" x 7.3"

Customer Reviews

Primer introducing institutional decisionmaking

Greenawalt presents a very readable text that I recommend especially as a pre-law school read; offering breadth rather than depth covering the new legal process school superficially. Gives a good broad general forest view of the problems inherent in statutory interpretation, as seen in the current revival of textualism by Justice Scalia. Also discusses various notions of judicial restraint, the legislative process, sources of legislative history, the range of techniques of interpretation like Imaginative Reconstruction as espoused by Posner, Public Choice theory (Arrow's Theorem, manipulation of legislative history by both judges and legislature), democratic concepts of bicameralism clashing against authority usurping, use of textual and substantive canons, judicial deference to agency interpretation among other topics discussed. I'd highly suggest further reading. The best thing about this book is it's short, concise view (it's a cutely-sized little book). It's easy to follow from no background knowledge. Upon finishing it, I'd recommend proceeding onto "Legislation and Statutory Interpretation" by Eskridge and Frickey and Garrett (Eskridge and Frickey are the authors of practical reasoning interpretation, dynamic statutory interpretation thru their conceptualized 'funnel of abstraction' of hierarchy of authority from concrete to most abstract along a funnel of web of beliefs).