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Theories of Interpretation - Coggle Diagram
Theories of Interpretation
Textualism
Moderate textualist
Plain meaning canon controls
When the meaning of the text is ambiguous or absurd, they will consider non-text intrinsic sources and non-intrinsic sources
Soft-plain meaning textualist
View the text as the primary, but never the exclusive, evidence of meaning
Do not need to find the language to be ambiguous or absurd to consider either non-text sources or non-intrinsic sources
May consult extrinsic sources to confirm or verify plain meaning (not common)
Strict textualist
Refuse to look at some types of non-intrinsic sources altogether
Meaning of the terms should be determined based on which meaning is:
Most in accord with context and ordinary usage
Most compatible with the surrounding body of law into which the provision must be integrated
Intentionalism
Believe that the court's duty is to discern the intent of that representative body and interpret statutes to further that intent
Focuses on the intent of the enacting legislature on a specific issue
Looks to see whether the enacting legislature had specific intent as to the language in dispute
Start with the statutory text but do not need a reason to consider sources beyond the text
Specific intent
Purposivism
Analyzes the overall goal or purpose of the legislature as a whole
Look to purpose for enacting the statute
Start with statutory text but do not need a reason to consider sources beyond the text
General intent