Dynamic Statutory Interpretation by William N. Eskridge, Jr.

Statutory interpretation is not necessarily fixed by the original legislative text or intent. Legal scholar William Eskridge argues that it evolves alongside changing political alignments, interpreters, and ideologies. This dynamic nature arises because statutes often contain detailed provisions and legislative histories, providing a broader range of authoritative materials than common law or constitutional interpretation. Congress may also amend statutes when it disagrees with judicial interpretations, while courts and administrative agencies consider both historical and contemporary legislative preferences. Furthermore, because statutory interpretation involves administrative agencies as well as courts, it is particularly adaptable within the modern regulatory state. Eskridge also examines how liberal, legal process, and antiliberal theories influence debates on statutory interpretation, including whether any particular approach is required by the rule of law or democratic principles. Finally, he traces the analytical and jurisprudential development of major debates surrounding statutory interpretation.

Review of Dynamic Statutory Interpretation by William N. Eskridge, Jr.:

• John A. Ferejohn, Stanford University and The Hoover Institution: Eskridge offers a compelling critique of liberal and originalist approaches to statutory interpretation while strongly supporting a dynamic approach. His use of important cases effectively demonstrates how theoretical ideas operate in practice and reflects his rejection of rigid, foundational approaches. By focusing on real cases, the book also reveals the strong emotions and competing interests underlying statutory interpretation debates.
• Richard A. Posner, Chief Judge, U.S. Court of Appeals for the Seventh Circuit: Eskridge’s book is a significant contribution to the study of statutory interpretation and reinforces his prominent role in legal theory. Its theoretical depth and engaging analysis make it a notable work, comparable to influential writings by Hart and Sacks and Calabresi, while offering a particularly sophisticated examination of the complexities of legal interpretation.

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