Judges interpret statutes from "summary" of The Common Law Tradition by Karl N. Llewellyn
The interpretation of statutes is a crucial task that falls on the shoulders of judges within the common law tradition. When faced with a statute, judges must carefully analyze its language and intent to determine how it should be applied to a particular case. This process requires a deep understanding of the law and a keen eye for detail. Judges must first examine the text of the statute itself, paying close attention to the specific words and phrases used. They must consider the plain meaning of the language, taking into account any definitions or interpretations that may be provided within the statute or elsewhere in the law. However, the plain meaning is not always clear or sufficient to resolve a case. In cases where the plain meaning is ambiguous or does not fully address the issues at hand, judges may turn to other sources to aid in their interpretation. These sources may include legislative history, the purpose or intent behind the statute, and the broader legal context in which the statute operates. By considering these additional factors, judges can gain a more complete understanding of the statute and its implications. The goal of statutory interpretation is to give effect to the intent of the legislature while also ensuring that the law is applied fairly and consistently. Judges must balance these competing interests as they navigate the complexities of statutory interpretation. This task requires a careful and nuanced approach, one that takes into account the intricacies of the law and the unique facts of each case.- The interpretation of statutes is a fundamental aspect of the judicial process within the common law tradition. It requires judges to engage in close analysis, critical thinking, and a deep understanding of the law. By carefully interpreting statutes, judges play a vital role in shaping the development of the law and ensuring justice is served in each case that comes before them.
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