Statutory Interpretation

Picking and Choosing Text: Lessons for Statutory Interpretation from the Philosophy of Language

Written by: Victoria Nourse

Abstract Textualists claim that they follow statutory text. This Article argues that, in practice, textualists often create meaning rather than find it. Deploying the analytics of linguistic philosophy, this Article takes a deep dive into textualist methodology. The philosophy of language reveals what legal scholarship has left submerged: The very choice of text can put […]