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Insurance And Damages For Loss Of The Breadwinner–‐a Problem Of Statutory Interpretation
Author(s) -
Unger J.
Publication year - 1959
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.1959.tb00523.x
Subject(s) - legislator , statute , statutory law , statutory interpretation , damages , law , interpretation (philosophy) , judicial interpretation , political science , business , actuarial science , legislation , computer science , programming language
How should the courts apply a statute to new circumstances which were not contemplated by the legislator? Whatever is done will amount to judicial law‐making, but the decision may well depend on whether this is frankly admitted or whether it is pretended that it was the legislator who provided the solution which has to be spelt out of the words of the statute which in the process will acquire a fresh and possibly unsuspected significance.