Statutory interpretation is at once the most practical and the most theoretical of subjects. On the one hand it is impossible to do anything in law without interpreting the words of others and anticipating how others will interpret or misinterpret one's own words. On the other hand there is now a vast body of literature that tackles legal interpretation from multiple theoretical perspectives. While this book touches on a number of these current theoretical issues, it is more concerned with practice. The primary focus is on the techniques and reasoning used by lawyers and judges on a daily basis to resolve interpretation problems. The book deciphers the often confusing and contradictory rules of interpretation, explains the way these rules relate to each other, and focuses on the strategic use of the rules in constructing arguments and justifying outcomes.
The second edition of Statutory Interpretation has been thoroughly updated and expanded. It includes a new chapter on the presumed application of legislation, as well as important additions to the chapters dealing with rules about meaning and the chapters on textual, purposive, consequential, and policy analysis. This is a desk book no legal practitioner should be without.
Summary Table of Contents
Foreword
Overview: Statutory Interpretation
CHAPTER 1: Introduction to Statute Law
CHAPTER 2: Introduction to Statutory Interpretation
CHAPTER 3: Ordinary Meaning
CHAPTER 4: Technical Meaning and Meanings Fixed by Law
CHAPTER 5: Bilingual and Bijural Meanings
CHAPTER 6: Original Meaning
CHAPTER 7: Plausible Interpretation, Gaps and Mistakes
CHAPTER 8: The Entire Context
CHAPTER 9: Textual Analysis
CHAPTER 10: Purposive Analysis
CHAPTER 11: Consequential Analysis
CHAPTER 12: Policy Analysis
CHAPTER 13: The Presumed Application of Legislation
CHAPTER 14: Extrinsic Aids
CHAPTER 15: Overlap and Conflict
"[O]ne of Canada's best known writers in the field.
Professor Sullivan's book should prove to be a very helpful guide to all those seeking enlightenment on the subject. I am pleased to commend it."
--The Honourable Gerard V. La Forest, Supreme Court of Canada (from the Foreword to the first edition)