Tag Archives: statutory construction

Arguing Legislative Intent on Appeal

These posts return to an outline suggested by Wilson R.Huhn’s book, The Five Types of Legal Argument. Huhn identifies five sources of legal arguments, including arguments based on text and those based on the drafters’ intent.

South Carolina largely treats the two the same in that text is the best evidence of intent. Grier v. AMISUB of South Carolina, Inc., 397 S.C. 532, 535, 725 S.E.2d 693, 695 (2012). Earlier posts explored this and other South Carolina canons of textual construction. The summary is available here.

Huhn identifies other evidence of intent from the text’s 1) earlier versions, 2) history, 3) official commentary, and 4) contemporaneous commentary. South Carolina courts use most of these tools — if a statute is ambiguous. Continue reading

South Carolina Statutory Construction Cases

Posts over the past several weeks have annotated with South Carolina law the canons of textual construction that Justice Antonin Scalia and Bryan A. Garner identified in their book, Reading Law: The Interpretation of Legal Texts.

These annotations are now gathered together and hyperlinked — Statutory Construction Cases. You may also view them after the jump –  Continue reading

Statutory Construction Canons with SC Citations – X

This is the tenth post annotating with South Carolina law the canons of construction that Justice Antonin Scalia and Bryan A. Garner describe in Reading Law: The Interpretation of Legal Texts. This post describes how South Carolina handles what the book on page xvii describes as falsities. Continue reading

Statutory Construction Canons with SC Citations – IX

This is the ninth post that annotates with South Carolina law the statutory construction canons described in the book, Reading Law: The Interpretation of Legal Texts. This post quotes the six stabilizing canons from page xvi of the book, followed by the South Carolina citations. Continue reading