Introduction
Once the bill drafters have done their job, the legislative body approves on a final version, and that version is sent to the governor (or President) for his/her signature, the bill is added to the jurisdiction's statutory code.
Despite best efforts, questions arise about how or when a specific laws applies to a real-life situation. Beyond reading the "plain language" of the law itself, researchers turn to other sources in search of guidance.
Rules of Construction
Each state has statutes on the "rules of construction." These are basically statutes about statutory interpretation.
In Washington, those rules are found in Chapter 1.12 of the Revised Code of Washington. For federal statutes, see 1 U.S.C. §§ 1-8.
Other states have similar provisions on the rules of construction, typically found in the first title of the statutory code. For exact citations, see Jacob Scott, Codified Canons and the Common Law of Interpretation, 98 Geo L. J. 341, 350-51 n. 35 (2010). HeinOnline [UW Restricted] Beginning at page 411, this article has a list of state laws providing "Statutory Sources of Interpretive Rules."
Treatise
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Statutes and Statutory Construction, 7th ed.
Call Number: Reference Area (KF425 .S25 2007)Publication Date: 2007 to presentRecognized as a core text on statutory construction. Covers statutory interpretation and application of the principles of statutory construction in selected areas of substantive law. Updated by annual supplements. Available on WestlawNext. Several people have authored various editions. Many people may refer to this title as "Sutherland on Statutes and Statutory Construction."
Other Books
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Judging Statutes
by Call Number: Classified Stacks (KF425.K38 2014)Publication Date: 2014Argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. The author contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a bill is in truth its foundation, and therefore demands consideration. -
Mastering Statutory Interpretation, 2d ed.
by Call Number: Classified Stacks (KF425 .J455 2013)Publication Date: 2013Explains methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. Discusses intrinsic, extrinsic, and policy-based theories. -
Reading Law: The Interpretation of Legal Texts
by Call Number: Reference Area & Classified Stacks (K290.S33 2012)Publication Date: 2012Explains the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Also explores some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? -
Statutory Interpretation: A Practical Lawyering Course
by Call Number: Classified Stacks (KF425 .L486 2014)ISBN: 0314286632Publication Date: 2014Covers legislative negotiation and drafting and the complexities of the legislative process. Part of the American Casebook Series (West). -
Statutory Interpretation Stories
by Call Number: Reference Area (KF425 .S73 2011)Publication Date: 2011Considers the leading cases in the emerging statutory interpretation canon. Each chapter focuses on a single case, with historical background (including details about the participants), a procedural history of the case, and an analysis of doctrinal and other lessons from the case. -
The Theory and Practice of Statutory Interpretation
by Call Number: Classified Stacks (KF425 .C76 2009)Publication Date: 2009Addresses the theory and practice of statutory interpretation by courts. Thoroughly reviews the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. -
Traditional Tools of Statutory Interpretation
by Call Number: Reference Area (KF425 .S552 2013)Publication Date: 2013This book is about the process of making and justifying legal decisions based on the interpretation and application of statutes. It introduces and explains the methods of interpretation --the "traditional tools of statutory interpretation" as Justice Stevens called them--used by legal professionals in interpreting and applying statutes. Covers techniques such as precedent, relation to context, canons of construction, and more contentiously, legislative history. -
Using Legislative History in American Statutory Interpretation
by Call Number: Classified Stacks (KF425 .M36 2002)ISBN: 9041188797Publication Date: 2002Examines the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists.
For more books on this topic, search the Library catalog with one of these subject headings:
- Law--United States--Interpretation and construction
- Legislative histories--United States
Additional Sources
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Statutory Interpretation [CALI]A 30-minute lesson on "the doctrine and processes involved in interpreting state and federal statutes."
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A Guide to Reading, Interpreting and Applying Statutes [Georgetown University Law Center]A 21-page that provides a good summary for law students.
