Deakin University
Browse

File(s) under permanent embargo

The Problem of Interpretive Canons

journal contribution
posted on 2023-04-26, 00:52 authored by David TanDavid Tan
Abstract In this paper it is shown that interpretive canons are either constitutionally invalid because of the principles of interpretation it establishes, or a theory of interpretation can be made to be inconsistent: where a theory of interpretation says do p, then a new canon can say do not-p. This is called the Canon Dilemma. Whichever horn of the dilemma is taken as acceptable (accept invalidity or possible inconsistency), this shows that canons cause more problems for theorising about interpretation than currently realised. Some might interpret the Canon Dilemma as a process of theory change (p is replaced with not-p rather than being contradicted by it), but even then problems of incoherence still persist. This paper also shows a connection between debates on the constitutionality of interpretive canons and the descriptive accuracy of linguistic theories of interpretation.

History

Journal

Statute Law Review

Volume

44

Article number

hmac017

Pagination

1-14

Location

Oxford, Eng.

ISSN

0144-3593

eISSN

1464-3863

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Issue

1

Publisher

Oxford University Press

Usage metrics

    Research Publications

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC