Unit 2: Theories of Judicial Interpretation

Overview

• Key case: Marbury v. Madison (1803)
  • Established the judiciary's role in interpreting laws.
• Focus on different theories of statutory interpretation:
  • Textualism
  • Intentionalism
  • Purposivism
  • Pragmatism

Textualism

• Definition: Focuses on the plain meaning and text of the statute.
• Types of Textualists:
  • Soft Textualists:
    • Primary but not exclusive focus on text.
    • Will consider non-textual sources without ambiguity.
  • Moderate Textualists:
    • Plain meaning controls and need ambiguity to look beyond it.
  • Strict Textualists:
    • Require ambiguity to look beyond plain meaning.
    • Do not consider non-intrinsic sources like legislative history (e.g., Justice Scalia).

Intentionalism

• Focus on the general intent of the statute.
• Start with the text but allow for broader interpretation beyond it.
• Permit judges to interpret unforeseen situations.

Purposivism

• Focus on specific intent of statute sections.
• Begin with the text but go beyond it to ensure legislative intent.
• Prevent judges from imposing their policy preferences.

Pragmatism

• Consider real-world consequences and societal context.
• Reject the idea of a single, objective meaning of statutes.
• View statutory text as having no fixed meaning until interpreted.

Conclusion

• Discussion focused on four primary theories of statutory interpretation.
• This lecture concludes week two of the class.