A unitarian theory of statutory interpretation

In a perfect world, no one would ever write about statutory interpretation. Statutory language would be clear and unambiguous. Judges would have no trouble applying statutory language to whatever cases managed to come their way. Lawyers would never argue about a statute's "plain meaning", and references to legislative intent would be abolished. Peace and harmony would prevail, and this dissertation would be absolutely pointless. Unfortunately, our world is far from perfect, and legislative language often requires interpretation. To make matters worse, the growing number of theories concerning statutory construction simply adds to the confusion, leaving lawyers and judges wondering which of the many available theories is best suited for any given interpretative problem.;The purpose of this dissertation is to develop a method of harmonizing the many discordant theories of statutory interpretation. For reasons that will become apparent, the method by which this purpose is pursued will be referred to as "the unitarian theory".;The unitarian theory is not the solution to all problems of construction. It can neither eliminate the need for statutory interpretation nor render prevailing theories of construction obsolete. At its most basic level, the unitarian theory is simply a method of deciding which of the various theories of construction is the most rational method of resolving particular problems of construction. The unitarian theory pursues this modest goal by (a) exposing the implications of typical patterns of language used by legislative drafters, and (b) linking these drafting patterns (and the problems that they cause) to interpretative theories that provide the best method of construing legislation that exhibits the relevant pattern. Drawing upon elements of originalism, dynamism, deconstruction and critical legal studies, the unitarian theory attempts to explain which component of the competing interpretative theories is best suited for resolving particular problems of legislative language. Whether the problem arises as a result of vagueness, ambiguity, subtext or analogy, the unitarian theory recognizes the drafting practice that gave rise to the relevant problem and points the court toward the correct method of arriving at a solution. In this manner, the unitarian theory attempts to unify several theories of construction, drawing upon their strengths while attempting to avoid their many pitfalls. By tying each of the relevant theories to specific problems of legislative language, the unitarian theory assists interpreters of statutes, helping judges choose the appropriate method of dealing with any problem of construction.