The Audiences of Statutes

Louk, David S.

Journal: Cornell Law Review

Volume: 105

First Page: 137

Year: 2019

Bluebook Citation: 105 CORNELL L. REV. 137 (2019)

Author: David Scott Louk: all 5 publications


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Abstract

Although a maxim of statutory drafting is to identify the relevant audience and draft so that the audience can "get the message," conventional theories of statutory interpretation often overlook important considerations about how statutes communicate and delegate to a diverse range of intended audiences. Statutes exist to change the conduct and behavior of many kinds of intended audiences, including administrative agencies, state and local governments, law enforcement officers, corporations, interest groups, lawyers, and laypeople. Influenced by lessons from the philosophies of law and language, this Article contends that Judicial statutory interpretation serves an important yet underappreciated role in providing a legal grammar for how other legal audiences are expected by law to understand, implement, and conform their conduct to the law.

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