Communis Opinio and the methods of statutory interpretation: interpreting law or changing law.(common opinion) From: William and Mary Law Review | Date: December 1, 2001| Author: | COPYRIGHT 2001 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright information

INTRODUCTION

Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. (1) Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, (2) which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. (3) The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory ...

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