Avoiding unjust legal outcomes has multiple distinct mechanisms, not just interpretation
Evidence
What is most interesting is that Fuller recognizes that there might be several different ways to avoid an unjust outcome. One is to interpret the statute in contradiction of its plain terms. But there are others, including holding the law to have been violated but imposing a minimal sentence, holding the law to have been violated but refusing to enforce the law, and imposing a sentence while urging the executive to pardon the offenders. — Frederick Schauer, Thinking Like a Lawyer, 693
Categorization
- SEED: Could seed an essay on the different ways legal systems build in escape hatches from unjust applications.
- XREF: connects to: Courts have the essential duty to interpret conflicting laws and constitutions — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 481; Overbroad statutes are tainted when prohibiting both protected and criminal conduct — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 844; Contesting exceptions legitimates the very rule being fought — Zygmunt Bauman, Modernity and the Holocaust, 370