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Articles · The Real Law Journal

What the Text Says, and What It Means

On the reading of statutes as written instruments.

PublishedVol. I · No. 1pp. 29–54

§ I

Authorship

The author or authors of the work.

Author
Faculty of the School of Legal Research

Real Law Society Academy

Author
The Editorial Committee

Real Law Society

§ II

Abstract

On the scope of the work.

The article distinguishes the question what does the text say from the question what does the text mean, and argues that the first must be answered before the second is asked. It reads the canons of statutory construction as a working apparatus rather than a list of slogans.

§ III

Keywords

Subjects of the article.

  • statutory interpretation
  • canons of construction
  • textualism
  • legislation

§ IV

The Article

The text.

An interpreter who reaches for meaning before reading the text has skipped a step that cannot be skipped. The article begins with the discipline of reading a statute in the order in which it was written: the title, the enacting clause, the definitional section, and the operative provisions in their proper sequence.

Part I addresses the definitional section as the key to the operative provisions. A term defined by the statute is defined for the statute; ordinary meaning yields to the definition the legislature has supplied.

Part II takes up the canons of construction. The article treats the canons as a working apparatus — tools that an interpreter applies and then accounts for — rather than a list of slogans deployed when convenient.

Part III concludes with the question of legislative purpose. Purpose is read out of the text and its structure, not into the text from the outside. Where the text is silent, the silence is part of the record.

§ V

Preferred Citation

On citing this article.

Faculty of the Sch. of Legal Rsch. & Editorial Comm., What the Text Says, and What It Means, 1 Real Law J. 29 (MMXXV).
DOI · 10.00000/rlj.i.1.002

§ VII

Editorial History

On the manuscript's passage to print.

  1. MMXXV — Spring

    Manuscript received.

  2. MMXXV — Summer

    Editorial review completed.

  3. MMXXV — Autumn

    Published in Vol. I, No. 1.

§ VIII

Revision History

On subsequent revisions.

No revisions have been issued. Substantive revisions, when issued, are recorded here and retained in the institutional archive.

The Real Law JournalVol. I — No. 1Articles

The Journal

Return to the issue.

The article belongs to a single issue. Read the table of contents and the editor's introduction in their proper place.

The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I