The Nature of Legislative Intent

Nonfiction, Reference & Language, Law, Jurisprudence, Social & Cultural Studies, Political Science
Cover of the book The Nature of Legislative Intent by Richard Ekins, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Richard Ekins ISBN: 9780191645945
Publisher: OUP Oxford Publication: October 11, 2012
Imprint: OUP Oxford Language: English
Author: Richard Ekins
ISBN: 9780191645945
Publisher: OUP Oxford
Publication: October 11, 2012
Imprint: OUP Oxford
Language: English

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

More books from OUP Oxford

Cover of the book Explaining Institutional Change in Europe by Richard Ekins
Cover of the book Keeping Their Marbles by Richard Ekins
Cover of the book The Nuremberg Military Tribunals and the Origins of International Criminal Law by Richard Ekins
Cover of the book A Phenomenology of the Devout Life by Richard Ekins
Cover of the book Secularism: A Very Short Introduction by Richard Ekins
Cover of the book British Ethical Theorists from Sidgwick to Ewing by Richard Ekins
Cover of the book Constitutional Secularism in an Age of Religious Revival by Richard Ekins
Cover of the book Sovereign Debt Management by Richard Ekins
Cover of the book Dipterocarp Biology, Ecology, and Conservation by Richard Ekins
Cover of the book Matters of the Heart by Richard Ekins
Cover of the book Medical Law Concentrate by Richard Ekins
Cover of the book Bad Moves by Richard Ekins
Cover of the book The UN Declaration on the Rights of Indigenous Peoples by Richard Ekins
Cover of the book The Pocketbook for PACES by Richard Ekins
Cover of the book Accountability for Human Rights Atrocities in International Law by Richard Ekins
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy