In 1950 the great realist jurisprude Karl N. Llewellyn wrote that
accepted rules of statutory interpretation - "canons of
construction" - led "in happily variant directions." In support he
offered a list of twenty-eight pairs of canons, each pair a
"thrust" and a "parry" having opposite effect. Llewellyn's thesis
was widely considered devastating to the legitimacy of canons, and
for almost half a century academic research on them virtually
ceased. In this book Professor Sinclair carefully examines the
twenty-eight pairs of "dueling canons," the sources from which they
were derived, their historical use in case law and treatises, their
intuitive and theoretical justifications, and, critically, their
contrariety. Sinclair shows that Llewellyn's justificatory list
contains no real contradictions, nor even inconsistencies of
significance, and that his thesis, however monumental, fails. After
such general and continuing acceptance of Llewellyn's argument,
these are very strong conclusions requiring their own
justification; this in turn requires exploration of the function of
statutes in society, the foundational conditions of governing
communication, and the role of policy, intuition, and linguistic
theory in statutory interpretation. About the author: Michael
Sinclair, Professor Emeritus of New York Law School, is a native of
New Zealand where he received his early education, a B.A.
(Economics), B.A. Hon's. (First class in philosophy), and a Ph.D.
in Philosophy, writing a dissertation on Ludwig Wittgenstein,
"Language Games and Forms of Life." In 1974, with the aid of a
Fulbright Fellowship, he followed a girl to the United States,
where he studied logic and grammar for two years before going to
law school. They are still married and have one daughter, a
musician. He received a J.D. (magna cum laude, Order of the Coif)
from the University of Michigan Law School in 1978 and after three
years in practice began teaching in 1981. He taught a variety of
subjects -contracts, torts, commercial law, intellectual property,
banking, jurisprudence, wills and trusts, administrative law, and
statutory interpretation -and is the author of some thirty articles
and the book TRADITIONAL TOOLS OF STATUTORY INTERPRETATION
(Vandeplas Publishing, 2013). He and his wife Karen, an
anthropologist, live in retirement in Northport, the northernmost
town on Leelanau Peninsula, Michigan's "little finger."
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