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- Title
AN ECONOMIC FRAMEWORK FOR STATUTORY INTERPRETATION.
- Authors
RIZZO, MARIO J.; ARNOLD, FRANK S.
- Abstract
The article discusses an economic framework for analyzing the role and consequences of alternative rules for judicial interpretation. It provides an analysis on models for the interaction between statues and judicial application to specific situations including judicial interpretation and the decisions of the costless legislature, statutory interpretation as judicial cost minimization, and the optimal interpretive position. It examines examples of applications of the optimal interpretive model in different situations including those involving different degrees of vagueness in the law and those involving over- and underinclusion errors. It explores the areas in which the model is inconsistent as well as supportive of previous analyses.
- Subjects
UNITED States; STATUTORY interpretation; JUDICIAL process; LEGAL judgments; AMERICAN law; LEGISLATIVE bodies
- Publication
Law & Contemporary Problems, 1987, Vol 50, Issue 4, p165
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191459