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Journal article

Strained interpretations

Abstract:

Judges often give statutes strained interpretations. What makes an interpretation strained? What, if anything, justifies a strained interpretation? Is there always a point past which an interpretation would be too strained, or are there some interpretations which judges are entitled to adopt, whatever a statute says? I claim to answer all of these questions. Using the formula about conditional probability known as Bayes’ theorem, I offer a precise definition of a strained interpretation, and ...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqz001

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law
Subgroup:
Law Faculty
Oxford college:
Brasenose College
Publisher:
Oxford University Press Publisher's website
Journal:
Oxford Journal of Legal Studies Journal website
Volume:
39
Issue:
2
Pages:
316–343
Publication date:
2019-02-28
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Pubs id:
pubs:952681
URN:
uri:d9ba946e-386f-44cf-a3f7-5e3aa8ceee41
UUID:
uuid:d9ba946e-386f-44cf-a3f7-5e3aa8ceee41
Local pid:
pubs:952681
Language:
English

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