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Thursday, September 6, 2018

Judicial Interpretation

There is no surer way to misread any document then to read it literally....As nearly as we can, we must put ourselves [as judges] in the place of those who uttered the words, and try to divine how they would have dealt with the unforeseen situation. Interpretation is necessarily an act of creative imagination. [In my view, this form of activism from the bench, if abused, can go from judicial interpretation to judicial interference.]

Judge Learned Hand (1872-1961)  

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