Graham on Statutory Interpretation

Graham on Statutory Interpretation is a combined monograph and casebook on the topic of legislative interpretation.

Part I of the book, focusing on interpretive theory, proposes an organizing meta-theory of statutory interpretation which combines aspects of originalism, dynamism, purposivism, Driedger’s “modern approach,” critical legal studies, and other interpretive methods. The resulting “unified theory” of statutory interpretation ties prevailing interpretive theories to specific patterns of language frequently found in legislation and offers both theoretical and practical reasons for deploying each theory where the relevant patterns of language arise.

Part II of the book focuses on traditional interpretive tools — rules and maxims of statutory interpretation as well as specific canons that arise in the context of tax statutes and criminal law — fitting them into the meta-theory developed in Part I and demonstrating how each tool has been (and ought to be) used by courts in Canada and abroad.

Filled with real-world examples, analyses of controversial cases, student exercises and problems for discussion, the book is a highly useful casebook for courses in statutory interpretation as well as a valuable scholarly resource for anyone interested in interpretive theory.