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February 07, 2005

Which canon of statutory construction am I?

You are "Inclusio unius est exclusio alterius"! You presume that the legislature chooses words very carefully when it drafts statutes. Because they could have used a different word, but didn't, the word not chosen was deliberately excluded. You assume a lot based, not just on what's in front of you, but on what isn't. You have great faith in others' ability to know exactly what they want. Probably too much.

Which Canon of Statutory Construction are You?
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Posted by Walter Olson at 01:26 PM | TrackBack (0)




Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.