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Legislative Intent and Agency: A Rational Unity Account.

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This study introduces a new realist theory of legislative intent, the rational unity account, proposing legislatures act with a unified rational viewpoint distinct from individual or aggregated legislator intentions. This offers a novel framework for legal interpretation.

Keywords:
group agencyintentionalismlegal interpretationlegislative intent

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Area of Science:

  • Legal Theory
  • Political Science
  • Philosophy of Law

Background:

  • Existing realist theories of legislative intent are categorized as aggregative or common intent.
  • Aggregative theories posit intent based on a proportion of legislators' intentions.
  • Common intent theories require unanimous intention among legislators.

Purpose of the Study:

  • To advance and defend the rational unity account as an alternative realist conception of legislative intent.
  • To explain how the rational unity account improves upon existing theories.
  • To demonstrate the implications of this new account for legal interpretation through case studies.

Main Methods:

  • Adopting the concept of a 'rational point of view' from social ontology.
  • Developing a realist conception of legislative intent based on this concept.
  • Applying the proposed account to three legal cases.

Main Results:

  • Legislative intent can be understood as a rational unity, shaped by institutional procedures and structures.
  • This rational point of view is distinct from aggregated or common intentions of individual legislators.
  • The rational unity account allows legislative intent to diverge from individual legislators' subjective states.

Conclusions:

  • The rational unity account offers a more robust framework for understanding legislative intent.
  • This conception has significant implications for statutory interpretation and legal reasoning.
  • Legislative intent is an emergent property of the legislature as an agent, not merely a sum of individual intentions.