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> wonder whether this particular essay is someehow related to Scalia's positions on orginalism Indeed. IANAL, but i suspect that in the poultry case, a British
by twic 7y ago
> wonder whether this particular essay is someehow related to Scalia's positions on orginalism
Indeed. IANAL, but i suspect that in the poultry case, a British judge would start with the plain meaning rule, decide that it wasn't absolutely clear whether a fighting cock was poultry, and then fall back to the mischief rule, asking what the original intent of the law was. They wouldn't sit around poring over dictionaries trying to find a definition that fits their desired meaning. Whereas that's an originalist's favourite thing to do!
- Balanceinfinity 7y agoYou may agree or disagree with Justice Scalia, but he was not one to sit around trying to figure out legislative intent when reading a statute (http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1486&context=mulr http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?art...). His take was that the legislature spoke through the statutes text, and after that it was up to the judges.