Friday, October 19, 2012
Ekins: "The Nature of Legislative Intent"
In an earlier comment thread involving the contest between original meaning and original intent and the
question whether there continue to be intentionalists out there swimming against the tide (do see Patrick Brennan's very good piece responding to Lee Strang's fine work), Jeff Pojanowski kindly called my attention to Richard Ekins's work on intent-based theories of interpretation.
I want now to note that Professor Ekins's new book, The Nature of Legislative Intent, has just been issued by Oxford University Press. I haven't gotten hold of a copy yet, but you can see a little bit of the book here. I'm really looking forward to this one, especially the chapter on joint intention and group agency which may well have broader application beyond the constitutional interpretive issue (always got criminal law on the brain...).
https://mirrorofjustice.blogs.com/mirrorofjustice/2012/10/elkins-the-nature-of-legislative-intent.html
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Since it is true that The Spirit of The Law, proceeds from the unity of the Will of The Law with The Word of The Law, one would assume that you cannot separate the original intent of The Law, from the original meaning of The Law, without changing The Spirit of The Law.
This sounds like a very interesting book!