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4. The Canons of Statutory Interpretation

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The Theory and Practice of Statutory Interpretation
This chapter is in the book The Theory and Practice of Statutory Interpretation
chapter 4The Canons of Statutory Interpretation“Canons” of construction have long been used as guides to the interpreta-tion of statutes, as well as other legal documents such as contracts. The useof canons cannot be juxtaposed against textualism, legislative history, andpragmatism because this use is orthogonal to the other theories. Any or allof those theories could theoretically rely on canons of construction or rejectthem. The canons are judge-created tools for defining the meaning of statu-tory text. Historically, these rules have not been viewed as mandatory but asguidance, though they have been significant determinants in some cases.Two very different types of canons should be distinguished. The first,which I call linguistic canons, are rules for interpreting statutory text thatare akin to rules of grammar. In general, textualists strongly affirm the useof these canons, though other approaches need not reject them. The sec-ond, which I call substantive canons, are rules that create presumptionsabout the substantive meaning of statutes. For example, the “rule of lenity”creates an interpretive presumption favoring defendants in criminal cases.85
© 2020 Stanford University Press, Redwood City

chapter 4The Canons of Statutory Interpretation“Canons” of construction have long been used as guides to the interpreta-tion of statutes, as well as other legal documents such as contracts. The useof canons cannot be juxtaposed against textualism, legislative history, andpragmatism because this use is orthogonal to the other theories. Any or allof those theories could theoretically rely on canons of construction or rejectthem. The canons are judge-created tools for defining the meaning of statu-tory text. Historically, these rules have not been viewed as mandatory but asguidance, though they have been significant determinants in some cases.Two very different types of canons should be distinguished. The first,which I call linguistic canons, are rules for interpreting statutory text thatare akin to rules of grammar. In general, textualists strongly affirm the useof these canons, though other approaches need not reject them. The sec-ond, which I call substantive canons, are rules that create presumptionsabout the substantive meaning of statutes. For example, the “rule of lenity”creates an interpretive presumption favoring defendants in criminal cases.85
© 2020 Stanford University Press, Redwood City

Chapters in this book

  1. Frontmatter i
  2. Contents v
  3. Preface vii
  4. 1. The Goal of Statutory Interpretation 1
  5. 2. Textualism and Statutory Interpretation 24
  6. 3. Legislative History and Statutory Interpretation 58
  7. 4. The Canons of Statutory Interpretation 85
  8. 5. Pragmatism and Dynamic Statutory Interpretation 102
  9. 6. The Justices and Their Practice of Statutory Interpretation 134
  10. 7. Ideology and the Practice of Statutory Interpretation 159
  11. 8. Statutory Interpretation in the Lower Federal Courts 180
  12. Notes 201
  13. Index 225
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https://doi.org/10.1515/9780804769815-005

Chapters in this book

  1. Frontmatter i
  2. Contents v
  3. Preface vii
  4. 1. The Goal of Statutory Interpretation 1
  5. 2. Textualism and Statutory Interpretation 24
  6. 3. Legislative History and Statutory Interpretation 58
  7. 4. The Canons of Statutory Interpretation 85
  8. 5. Pragmatism and Dynamic Statutory Interpretation 102
  9. 6. The Justices and Their Practice of Statutory Interpretation 134
  10. 7. Ideology and the Practice of Statutory Interpretation 159
  11. 8. Statutory Interpretation in the Lower Federal Courts 180
  12. Notes 201
  13. Index 225
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