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https://doi.org/10.1...arrow_drop_down
https://doi.org/10.1093/oso/97...
Part of book or chapter of book . 1997 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.1093/acprof...
Part of book or chapter of book . 1999 . Peer-reviewed
Data sources: Crossref
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Legislators’ Intentions and Unintentional Legislation

Authors: Jeremy Waldron;

Legislators’ Intentions and Unintentional Legislation

Abstract

Abstract In this paper, I shall discuss the latest attempt in analytic jurisprudence to revive the view that reference to legislators’ intentions should play a role in the interpretation of statutes whose texts leave issues of meaning, purpose, or application unclear or controversial. I use ‘revive· advisedly: reference to legislative intention in one form or another is reasonably common among judges in the United States, and the appeal to ‘original intent’ is common too in the politics of American constitutional law. Philosophically, however, the idea of appealing beyond the statutory text to what legislators are thought to have intended has been subject to such powerful criticisms, most notably by Ronald Dworkin, that one is surprised to find it appearing again in anything other than a trivial form in respectable academic jurisprudence.

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    9
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
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Found an issue? Give us feedback
citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
9
Average
Top 10%
Average
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