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Report No. 60

2.14. Duty of interpreter to position to be taken.-

Thus, it will not be sufficient merely to define the concept as a matter of semantics, or to describe or explain it by taking its implications, as a given-fact. The interpreter has to adopt a position of commitment towards the Act which he is to interpret. This is not to say that the interpreter should start with pre-conceived attitudes. Julius Stone has observed, that1. in most questions of statutory interpretation which are likely to come before an appellate court, there is involved an important element of evaluation, of deciding what is the more desirable result which can be brought within the verbal framework of the legislator's expression. If the Court is not engaged in legislation, it is, at any rate, as Professor Cohen has suggested,2 engaged in "legisputation."

1. Julius Stone Legal System, (1964), p. 352 and footnote 35.

2. Cohen Judicial Legisputation and the Dimensions of Legislative meaning, (1961) 36 Indiana LJ 414, 423, esp. 414 and 419.



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