Which of the following Is Not a Method of Interpretation of Legal Rules
Second, the genesis (if available)1351 may not be relevant. For example, records of contract negotiations may be inaccurate or incomplete.1352 They must not contain „last-minute negotiations early in the morning after a sleepless night”.1353 The ILC also confirmed that documents were often „incomplete and misleading”, justifying their complementarity.1354 With regard to the ILC, positions taken by States under legislation may be replaced by Be motivated by Considerations. and therefore irrelevant to the conclusion of the opinio juris.1355 However, this objection relates only to the challenges raised by historical interpretation. This does not show that the historical interpretation should be abandoned. In contrast, Justice Breyer`s dissenting opinion embodied a deliberate approach to the interpretation of the law.154 He concluded that the controversial term „costs” „should be interpreted to include the award of expert fees” for two reasons: „First, that is what Congress meant by the award. Second, this interpretation promotes the legally defined objectives of [the law]. 155 Justice Breyer relied on the legislative history of the law and the „fundamental purpose” of the law – ensuring that children with disabilities receive a quality public education – as the main evidence of the importance of the right.156 He disagreed that the text of the law was clear.157 While he noted that a literal interpretation of the provision would not approve of the fees claimed by parents, He concluded that this reading was „not inevitable”. 158 Instead, it concluded that its reading „is linguistically less natural, but all the more likely from a legislative point of view.” 159 See, for example, Eskridge and Others, note 532 above, pp. 1199 to 1200 (discussion of the `canons` which apply when the courts review the interpretation of laws by public authorities). See also Scalia & Garner, op. cit. cit., note 532, p.
532. 53 (which sets out the `principle of interpretation`, according to which `the application of a text to particular circumstances entails an interpretation`).