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Comparative and Foreign Law

1997

Statutory interpretation

Articles 1 - 2 of 2

Full-Text Articles in Law

Translating & Interpreting Foreign Statutes, Andrew N. Adler Jan 1997

Translating & Interpreting Foreign Statutes, Andrew N. Adler

Michigan Journal of International Law

This article aspires to address academics and anyone who must translate or interpret foreign statutes without previous in-depth education in the alien language and law. To make matters more interesting, the author concentrates on the plight of the minority of judges who want to arrive at independently reasoned interpretations of foreign law when given the opportunity. Most judges strive mightily to avoid even having to glance at foreign laws. And, when it becomes absolutely necessary to read a foreign code, most judges and litigators retain the centuries-old habit of relying too slavishly on tendentious expert testimony. Furthermore, while most states …


An American Lawyer's Reflections On Pepper V. Hart, Michael P. Healy Jan 1997

An American Lawyer's Reflections On Pepper V. Hart, Michael P. Healy

Law Faculty Scholarly Articles

Pepper v. Hart gave American lawyers a number of insights into the English law of statutory interpretation. For example, English law as described by the case was not as tidy as had been thought. To be sure, the case does state what Americans had believed was true about English law: “[u]nder present law, there is a general rule that references to parliamentary material as an aid to statutory construction is not permissible (the exclusionary rule).” Notwithstanding that rule, however, Pepper recognized that the rule of exclusion had an important and long-standing exception. This exception applies when the legislative materials identify …