In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions.... the committee report was, as the Court suggested, that the initial draft of the bill aimed to halt the importation of European and Asian manual laborers thought to be a degraded species of immigrants harmful to American labor and institutions.
|Title||:||Judging Under Uncertainty|
|Publisher||:||Harvard University Press - 2006|