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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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The Nature of Legislative Intent (Paperback)
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The Nature of Legislative Intent (Paperback)
Series: Oxford Legal Philosophy
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Are legislatures able to form and act on intentions? The question
matters because the interpretation of statutes is often thought to
centre on the intention of the legislature and because the way in
which the legislature acts is relevant to the authority it does or
should enjoy. Many scholars argue that legislative intent is a
fiction: the legislative assembly is a large, diverse group rather
than a single person and it seems a mystery how the intentions of
the individual legislators might somehow add up to a coherent group
intention. This book argues that in enacting a statute the
well-formed legislature forms and acts on a detailed intention,
which is the legislative intent. The foundation of the argument is
an analysis of how the members of purposive groups act together by
way of common plans, sometimes forming complex group agents. The
book extends this analysis to the legislature, considering what it
is to legislate and how members of the assembly cooperate to
legislate. The book argues that to legislate is to choose to change
the law for some reason: the well-formed legislature has the
capacity to consider what should be done and to act to that end.
This argument is supported by reflection on the centrality of
intention to the nature of language use. The book then explains in
detail how members of the assembly form and act on joint
intentions, which do not reduce to the intentions of each member,
before outlining some implications of this account for the practice
of statutory interpretation. Developing a robust account of the
nature and importance of legislative intention, the book represents
a significant contribution to the literature on deliberative
democracy that will be of interest to all those thinking about
legal interpretation and constitutional theory.
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