Abstract

Info

Title:: Influences of Democratic Theories on Legal Interpretation Methods: An Analysis According to the Evolution of American Statutory Interpretation

Keywords:: American statutes; legal interpretation method; democatic theories; new textualism

Abstract:: The methods of statutory interpretation are influenced by many factors, among which the democratic theory is the most important one. Before the twentieth century, worries about the tyranny of majority in the US led to the plain meaning method in statutory interpretation. During the mid-20th century, optimistic pluralism maintaining that democratic process would produce sound public policies for the benefits of all people led to intentionalism and teleology. Afterwards, the public choice theory trying hard to reveal the defects of the ‘unseen hand’ of the political free market and the failures of democratic process has led to the ‘neo-textualism’ in statutory interpretation.