{"title":"Insurance and Damages for Loss of the Breadwinner-A Problem of Statutory Interpretation","authors":"J. Unger","doi":"10.1111/J.1468-2230.1959.TB00523.X","DOIUrl":null,"url":null,"abstract":"How should the courts apply a statute to new circumstances which were not contemplated by the legislator? Whatever is done will amount to judicial law-making, but the decision may well depend on whether this is frankly admitted or whether it is pretended that it was the legislator who provided the solution which has to be spelt out of the words of the statute which in the process will acquire a fresh and possibly unsuspected significance.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2011-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Wiley-Blackwell: Modern Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1111/J.1468-2230.1959.TB00523.X","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
Abstract
How should the courts apply a statute to new circumstances which were not contemplated by the legislator? Whatever is done will amount to judicial law-making, but the decision may well depend on whether this is frankly admitted or whether it is pretended that it was the legislator who provided the solution which has to be spelt out of the words of the statute which in the process will acquire a fresh and possibly unsuspected significance.