The nature of legislative intent / Richard Ekins.

Format:

Book

Author/Creator:

Ekins, Richard.

Series:

Oxford legal philosophy.

Oxford legal philosophy

Oxford Legal Philosophy

Language:

English

Subjects (All):

Legislative power.

Physical Description:

1 online resource (303 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, 2013.

Language Note:

English

Summary:

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 individuallegislators might somehow add up to a coherent group intention.This book argues that in enacting a statute the well-formed l

Contents:

1. Introduction; 2. Sceptical Arguments; I. Stipulating Legislative Intent; II. Hermes and 'the Catalogue of Mysteries'; IV. An Alternative: the Voting Machine Model; V. Arrow's Theorem and the Legislative Process; III. The Unitary Model and Its Discontents; 3. Joint Intention and Group Agency; I. The Futility of Summing Intentions; II. Joint Intention and Group Action; III. Complex Group Action; IV. Discursive Dilemmas and Collective Irrationality

V. The Idea of Group Agency4. Legislating Without Reasoning; I. The Forum of Policy; II. Technical Problems With Preference Aggregation; III. Reasons and Preferences; IV. The Authority of Unintentional Legislation; V. Rationality and the Voting Machine; VI. The Minimal Intention Argument; VII. Intelligible Legislating; 5. What It Is to Legislate; I. Legislative Capacity; II. How One Reasons to Legislate; III. The Act of Legislating; IV. Legislative Integrity; 6. The Legislative Assembly; I. The Problem of the Sole Legislator; II. Representation and Deliberation

III. The Advantage of an AssemblyIV. The Internal Hierarchy of the Legislature; V. Washington and Westminster; VI. Prospects for Reasoned Action; 7. Language Use and Intention; I. The Language Code; II. Language Use Is Rational Action; III. The Underdetermination Thesis; IV. Pragmatics; V. Legislative Language Use; 8. The Nature of Legislative Intent; I. The Standing Intention of the Legislature; II. Parliamentary Procedure; III. Legislative Intent in Particular Acts; IV. Agency and Compromise; 9. Intentions in Interpretation; I. The Object of Interpretation

II. Intentions, Purposes, and ApplicationsIII. Legislative Context; IV. The Use and Misuse of Context: Some Examples; V. The Relevance of Legislative History; VI. Equitable Interpretation; Bibliography; Index; Footnotes; ch01fn; ch02fn; ch03fn; ch04fn; ch05fn; ch06fn; ch07fn; ch08fn; ch09fn

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (viewed on Oct. 30, 2012).

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-174115-9

1-283-70595-8

0-19-164594-X

0-19-164593-1

OCLC:

818851589