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As noted above, all of the fifty states and the federal government have enacted a complete set of statutes (as well as a whole system of administrative rules and orders.)
At first blush, one might expect these statutes to provide the sort of legal certainty that has proved so elusive in the common law case method.
This expectation is often realized - there are many examples of clear statutes that have been consistently applied by the courts.
However, when statutes are not clearly written, or there are major policy disagreements about the issue involved, the same method of approach that the courts learned at the common law has been transferred to the "interpretation" of statutes.
Where a court feels strongly that sensible public policy dictates a certain result in a case, it may reach that result, even in the face of a statute that seems to preclude it.
# As noted above, all of the fifty states and the federal government have enacted a complete set of statutes (as well as a whole system of administrative rules and orders.) At first blush, one might expect these statutes to provide the sort of legal certainty that has proved so elusive in the common law case method. This expectation is often realized - there are many examples of clear statutes that have been consistently applied by the courts. However, when statutes are not clearly written, or there are major policy disagreements about the issue involved, the same method of approach that the courts learned at the common law has been transferred to the "interpretation" of statutes. Where a court feels strongly that sensible public policy dictates a certain result in a case, it may reach that result, even in the face of a statute that seems to preclude it.
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