Legislative intent in Law's Empire

Ekins, Richard (2011) Legislative intent in Law's Empire. Ratio Juris, 24 4: 435-460. doi:10.1111/j.1467-9337.2011.00494.x

Author Ekins, Richard
Title Legislative intent in Law's Empire
Journal name Ratio Juris   Check publisher's open access policy
ISSN 0952-1917
Publication date 2011-12
Sub-type Critical review of research, literature review, critical commentary
DOI 10.1111/j.1467-9337.2011.00494.x
Open Access Status
Volume 24
Issue 4
Start page 435
End page 460
Total pages 26
Place of publication London, United Kingdom
Publisher Wiley-Blackwell
Language eng
Formatted abstract
This article considers Dworkin's influential argument against legislative intent in chapter 9 of Law's Empire. The argument proves much less than is often assumed for it fails to address the possibility that the institution of the legislature may form and act on intentions. Indeed, analysis of Dworkin's argument lends support to that possibility. Dworkin aims to refute legislative intent in order to elucidate his own theory of statutory interpretation. That theory fails to explain plausibly legislative action. Dworkin's argument does not refute legislative intent but instead suggests there is reason to think that the legislature is capable of intentional action.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Critical review of research, literature review, critical commentary
Collection: TC Beirne School of Law Publications
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Citation counts: Scopus Citation Count Cited 3 times in Scopus Article | Citations
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Created: Wed, 16 Jul 2014, 16:07:35 EST by Carmen Buttery on behalf of T.C. Beirne School of Law