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Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llewellyn
Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llewellyn
Vanderbilt Law Review
If a statute is to make sense, it must be read in the light of some assumed purpose. A statute merely declaring a rule, with no purpose or objective, is nonsense. If a statute is to be merged into a going system of law, moreover, the court must do the merging, and must in so doing take account of the policy of the statute-or else substitute its own version of such policy. Creative re- shaping of the net result is thus inevitable. But the policy of a statute is of two wholly different kinds-each kind somewhat limited in effect by …