Dynamic Statutory Interpretation

“Eskridge’s book is a most distinguished contribution to the literature on the interpretation of statutes; it confirms his leading position in this important area of legal theory. Not since Hart and Sacks’s famous book on the legal process, or Calabresi’s A Common Law for the Age of Statutes, have we had so fruitful and stimulating an exploration of the mysteries of legal interpretation, and Eskridge’s book surpasses those of his distinguished predecessors in theoretical sophistication.”—Richard A. Posner, Chief Judge, U.S. Court of Appeals for the Seventh Circuit

“Eskridge puts together a penetrating set of criticisms of liberal and originalist modes of interpretation, and a sustained defense of dynamic interpretation. I found the method of argument very effective: the use of specific critical cases as vehicles for the development of a general argument helps to bring out the practical implications of theoretical argument. Moreover, the grounding of argument in cases is itself exemplary of Eskridge’s anti-foundational orientation to statutory interpretation. Finally, the analysis of specific cases allows the reader to fathom the intense feelings and passions at stake in what might otherwise seem arid doctrinal debates.”—John A. Ferejohn, Stanford University and The Hoover Institution