Purposive Interpretation in Law
PURPOSIVE INTERPRETATION IN LAW
Course Credit Hours: 1 credits; 14 hours
This course will examine the concept of legal interpretation. It will begin with the distinction between interpretation and similar non-interpretive activities (e.g. gap-filling or common law development). It will then turn to consider specific areas of concern, including the limits of interpretation and the question of language; different theories of interpretation (subjective, objective, mixture); the purposive theory of interpretation and its application in different areas of the law (wills, contracts, statutes, constitutions). Readings will include Aharon Barak, Purposive Interpretation in Law (Princeton University Press, 2005), selected cases and other legal texts.
Readings
The basic text is A. Barak, Purposive Interpretation in Law (2005)
Class 1: What is Legal Interpretation
Class 2: Non-Interpretive Doctrines
Class 3: Systems of Interpretation
Class 4: Subjective Purpose (Intent) and Objective Purpose
Class 5: Purposive Interpretation
Class 6: Interpretation of Wills
Class 7: Interpretation of Contracts
Class 8: Constitutional Interpretation
Class 9: Statutory Interpretation
Class 10: The Future of Interpretation
Evaluation: Students will be required to write a 10-12 page research paper, which will be graded on an Honours/Pass/Fail basis. Papers must be delivered to the Records Office by 4:00 p.m. on Thursday, March 8, 2007.Graduate students are graded on the graduate grading scale.
The course description is taken from the course catalog of University of Toronto, Faculty of Law
