Interpretation and Use of Legal Sources

The book "Interpretation and Use of Legal Sources" by Perry David Herzfeld, Thomas Prince, and Stephen Tully is a comprehensive treatise on the principles and practices of statutory interpretation in Australian law. Here is a detailed overview of the book:

Key Themes

1. Comprehensive Coverage: The book provides a thorough account of the Australian law of interpretation, covering all aspects of statutory interpretation.
2. Statutory Interpretation: It delves into the general principles, meaning of words, definitions, and deeming provisions, as well as the construction of statutes as a whole.
3. Extrinsic Material: The book discusses the use of extrinsic material in interpretation, including historical context, legislative intent, and other external aids.
4. Linguistic Canons of Construction: It explores the various linguistic canons of construction that are applied in interpreting statutes, such as the plain meaning rule and the mischief rule.
5. Purpose and Objectives: The authors examine how the purpose and objectives of legislation influence its interpretation, including the role of objects provisions.

Plot Summary

The book is organized into several chapters that systematically cover the various aspects of statutory interpretation. Here is a brief summary of the main sections:

1. Public Law:

   • Statutes: This section is the largest portion of the book and covers general principles, meaning of words, definitions, and deeming provisions, among other topics.
   • Construction as a Whole: The authors discuss how statutes should be interpreted as a whole, rather than piecemeal.
   • Linguistic Canons of Construction: This chapter examines the various linguistic canons that are applied in interpreting statutes.
   • Purpose: The book explores how the purpose and objectives of legislation influence its interpretation.
   • Extrinsic Material: It discusses the use of extrinsic material, such as historical context and legislative intent, in interpreting statutes.
   • Presumptions of Construction: The authors examine various presumptions that are applied during the construction process, including the presumption that Parliament intends the legislative purpose to be promoted.
   • Rules about Particular Kinds of Act: This section covers specific rules related to particular kinds of acts, such as amendments and repeals.
   • Commencement and Duration: The book discusses the rules governing the commencement and duration of statutes.

2. Instruments Made Under Statute:

   • This section covers the interpretation of instruments made under statute, including regulations and other subordinate legislation.

Critical Reception

The book has received positive reviews for its comprehensive and detailed approach to statutory interpretation. Here are some key points from the critical reception:

1. Comprehensive Sweep: The book is praised for its comprehensive sweep, covering all aspects of statutory interpretation in Australian law.
2. No Single Grand Narrative: The authors are commended for not attempting to impose a single grand narrative or simple approach to interpretation, instead acknowledging the diversity of tasks faced by lawyers in different areas of practice.
3. Illustrative Examples: The book is noted for its use of illustrative examples, such as the case of Cole v Whitfield, to explain complex concepts succinctly.
4. Attention to Current Appreciation: The authors are praised for their attentiveness to current appreciation and consistency in fairness, making the book a valuable resource for legal practitioners.

Overall, "Interpretation and Use of Legal Sources" is a seminal work in the field of statutory interpretation, providing a thorough and detailed guide for legal practitioners and scholars alike.