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The Canons Of Statutory Construction And Judicial Constraints: A Response To Macey And Miller, Lawrence C. Marshall
The Canons Of Statutory Construction And Judicial Constraints: A Response To Macey And Miller, Lawrence C. Marshall
Vanderbilt Law Review
Professors Jonathan Macey and Geoffrey Miller claim to have set out to provide a positivist explanation for why judges ever invoke canons in the course of interpreting statutes.' In truth, though, their question is a far broader one. What they really seek to explain is why judges ever use any interpretive tools in the course of interpreting statutes. Why, Macey and Miller want to know, don't judges simply decide what result in the case will best promote a good outcome on the grounds of public policy, intrinsic fairness, economic efficiency or wealth maximization? This question is perplexing to Macey and …