EBOOK
About
Graham on Statutory Interpretation is a combined monograph and casebook on the topic of legislative interpretation.
Part I of the book, focusing on interpretive theory, proposes an organizing meta-theory of statutory interpretation which combines aspects of originalism, dynamism, purposivism, Driedger's "modern approach," critical legal studies, and other interpretive methods. The resulting "unified theory" of statutory interpretation ties prevailing interpretive theories to specific patterns of language frequently found in legislation and offers both theoretical and practical reasons for deploying each theory where the relevant patterns of language arise.
Part II of the book focuses on traditional interpretive tools - rules and maxims of statutory interpretation as well as specific canons that arise in the context of tax statutes and criminal law - fitting them into the meta-theory developed in Part I and demonstrating how each tool has been (and ought to be) used by courts in Canada and abroad.
Filled with real-world examples, analyses of controversial cases, student exercises and problems for discussion, the book is a highly useful casebook for courses in statutory interpretation as well as a valuable scholarly resource for anyone interested in interpretive theory.
Randal Graham is a law professor at Western University and the first to be awarded the title "Faculty Scholar." His teaching and research have covered an extraordinarily broad range of subjects, including statutory interpretation, legal ethics, criminal law, evidence, administrative law, taxation, corporate law, legal rhetoric, and legal drafting. Graham has won the title "Professor of the Year" (both at Western and at Osgoode Hall Law School) as well as the Edward G. Pleva Award for Excellence in Teaching, Western University's highest award for teaching. His books on law and legal theory have been assigned as mandatory reading at universities across Canada and cited by judges at all levels of court, including the Supreme Court of Canada and the U.S. Supreme Court. He lives in London, Ontario.
Part I of the book, focusing on interpretive theory, proposes an organizing meta-theory of statutory interpretation which combines aspects of originalism, dynamism, purposivism, Driedger's "modern approach," critical legal studies, and other interpretive methods. The resulting "unified theory" of statutory interpretation ties prevailing interpretive theories to specific patterns of language frequently found in legislation and offers both theoretical and practical reasons for deploying each theory where the relevant patterns of language arise.
Part II of the book focuses on traditional interpretive tools - rules and maxims of statutory interpretation as well as specific canons that arise in the context of tax statutes and criminal law - fitting them into the meta-theory developed in Part I and demonstrating how each tool has been (and ought to be) used by courts in Canada and abroad.
Filled with real-world examples, analyses of controversial cases, student exercises and problems for discussion, the book is a highly useful casebook for courses in statutory interpretation as well as a valuable scholarly resource for anyone interested in interpretive theory.
Randal Graham is a law professor at Western University and the first to be awarded the title "Faculty Scholar." His teaching and research have covered an extraordinarily broad range of subjects, including statutory interpretation, legal ethics, criminal law, evidence, administrative law, taxation, corporate law, legal rhetoric, and legal drafting. Graham has won the title "Professor of the Year" (both at Western and at Osgoode Hall Law School) as well as the Edward G. Pleva Award for Excellence in Teaching, Western University's highest award for teaching. His books on law and legal theory have been assigned as mandatory reading at universities across Canada and cited by judges at all levels of court, including the Supreme Court of Canada and the U.S. Supreme Court. He lives in London, Ontario.