The social forces pushing a statute explain its draftsmanship and form
Evidence
Why are statutes written one way or the other? Who makes these decisions and why? The mixture of detail or nondetail depends in each case on the history and politics of the particular law. Beyond this, it is hard to say anything more definite, except to point out that “historical accident” has almost nothing to do with the matter, nor is it a mere question of the techniques of draftsmanship. Legislatures do not pass laws as academic exercises or on a whim, but because somebody is pushing them; the social forces that lie behind any particular statute explain its form as well as its substance. — Lawrence M. Friedman and Grant M. Hayden, American Law, 482
Categorization
- XREF: connects to: Every statute addresses both the public and the officials who enforce it — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 483; Statutes must be interpreted in light of their whole historical and systemic context. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1318; Legislative history supplies evidence of an enactment’s purpose and intended meaning — G. Alan Tarr, Judicial Process and Judicial…, 2460 (+4 more)
Broader Connections
- Legislative history supplies evidence of an enactment’s purpose and intended meaning
#expands(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2460 - Law shapes society while remaining society’s creation
#expands(0.80) — Lawrence M. Friedman and Grant M. Hayden, American Law, 1333 - Open interest-group politics rewarded organized voices while poor law stayed backward and cruel
#exemplifies(0.80) — Lawrence M. Friedman, A History of American Law, 2786 - States use law to shape a specific type of citizen and civilization
#exemplifies(0.75) — Antonio Gramsci, Selections from the Prison Notebooks, 924