Posted by: captainfalcon | July 21, 2011

Nothing new under the sun

This thought, of which I was rather pleased, is unoriginal. I might have suspected as much, but, as they say, vanity of vanities. In Statutes that are not Static, Peter Strauss makes the same point, adding a level of complexity while keeping it more succinct!

Professors Cass Sunstein and Adrian Vermeule have recently demonstrated at length that considerations of institutional capacity, and of the possible dynamic effects of a chosen approach on the future behaviors of the institutions concerned, are central to any inquiry about statutory interpretation. That is, one must analyze the place and functioning of both legislators and of their possible interpreters; one must do so in the framework both of the ends of the legal system – predictability of general outcome and justice in individual cases – and of the dynamic workings of the political order within which they operate.


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