No statute can be interpreted without attributing purpose to it.

Evidence

An essential part of the context of every statute is its prpose. Every statute must be conclusively presumed to be a purposive act. The idea of a statute without an intelligible purpose is foreign to the idea of law and inadmissible. … Th meaning S a statute is never plain unless it fits with some intelligible purpose. Any judicial opinion of the kind of the two Whiteley opinions, which finds a Iplain meaning in a statute without consideration of its purpose, condemns itself on its face. The opinion is linguistically, nhilosophically, legally, and generally ignorant. It is deserving of nothing but contempt. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 880

Categorization

  • DEFINE: Defines the ‘plain meaning’ fallacy - an opinion finding plain meaning without considering purpose is self-condemning.
  • XREF: Links to the interpretive method thread and the polyad’s emphasis on law/institutions and listening-to-context as method. — connects to: Contextual familiarity, not legal training, governs interpretive competence. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 894; Three presumptions govern how courts attribute purpose to statutes. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 884; A penal statute’s silence on a subject implies no legislative intent to regulate it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1005 (+3 more)
  • recurring: this claim recurs 2 times within its source

Broader Connections