アメリカにおける制定法解釈と解釈原則（2）

Statutory Interpretation and Canons of Construction in the United States (2)

福永 実

廣島法學

The Hiroshima Law Journal

[ISSN] 03865010

[NCID] AN0021395X

This paper examines "canons of construction" in American jurisprudence. Canons of construction are presumptions that judges have traditionally used in interpreting the language of statutes and contracts.
Chapter 2 provides an overview of the theory of statutory interpretation in American legal interpretation theory, thereby organizing the concepts needed to discuss the normative legitimacy of interpretation principles.
Chapter 3 analyzes the justification of linguistic interpretation principles. There are two main justifications for linguistic interpretation principles: those that aim to reflect the will of the legislature and those that aim to realize the value of the rule of law. However, the latter viewpoint of the rule of law is difficult to justify from this viewpoint alone, since the principles of interpretation are not binding on precedent, and therefore theoretical standards for their application cannot be established, and as a result, the predictability of the principles of interpretation cannot be ensured. Therefore, in the end, many judges tend to seek the legitimacy of the principles of interpretation in the will of the legislature, which certainly has democratic legitimacy. The theoretical challenge of the principles of interpretation is thought to be in the method of control, but in the end, it cannot be denied that the basis for the principles of interpretation in the will of the legislature plays a large role in their theorization.

日本語

広島大学法学会

THE SOCIETY OF LAW OF HIROSHIMA UNIVERSITY

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