Original Intent
978-613-6-29545-9
6136295458
112
2011-06-28
39,00 €
eng
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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently—and usually spuriously—used as a synonym for originalism generally; while original intent is indeed one theory in the originalist family, it has some extremely salient differences which has led originalists from more predominant schools of thought such as original meaning to castigate original intent as much as legal realists do. Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish, the actual text of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used.
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