Tham khảo tài liệu 'form and function in a legal system - a general study part 7', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 8 FORMS OF LEGAL METHODOLOGIES - STATUTORY INTERPRETATION T he words used even in their literal sense are the primary and ordinarily the most reliable source of interpreting the meaning. - L. Hand1 There is no surer guide in the interpretation of a statute than its purpose when that is sufficiently disclosed. - L. Hand2 section one introduction A legal methodology maybe defined as a systematic general approach to the duly purposive and consistent execution of a recurrent type of major task arising in the making or application of law. A methodology is thus a special type of functional legal unit. A legislature may adopt tenets of a methodology more or less all at once or a highest court may evolve tenets of a methodology case by case over time. A methodology may not be fully developed in a jurisdiction at a given time. In many jurisdictions within developed Western systems generally authoritative methodologies are recognized in some measure for the duly purposive and consistent execution of at least the following major types of tasks interpreting statutes interpreting contracts and interpreting written constitutions. Methodologies may also exist for the application of case-lawprecedent and for the drafting of statutes and of contracts. The use of a methodology for the duly purposive and consistent execution of a major and recurrent type of task arising in the making or application of law is to be contrasted with purported execution of such a task without resort to any methodology. The principal differences are twofold First a methodology is constructed on the basis of theory and experience as to what steps are generally most likely to lead to the duly purposive execution of the 1 Cabell v. Markham 148 737 739 1945 . 2 Federal Deposit Insurance Corp. v. Tremaine 133 F. 2d 827 830 1943 . 241 242 Forms of Legal Methodologies - Statutory Interpretation task. A well-designed methodology is purposively and systematically arranged for effective execution of the task .
