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)
Judge Learned Hand (1872-1961)
No comments:
Post a Comment