Comment by NoboruWataya
2 months ago
> How can we decide it's the law we want if we don't know what it means yet?
FWIW, judicial interpretation of legislation is generally seen as an exercise in figuring out what the legislature meant. Courts start by looking at the "plain meaning" of the words used, but where that doesn't yield an unambiguous answer they will often look at the overall scheme or purpose of the legislation to try and figure out which interpretation is most consistent with that.
It's far from perfect of course, but it's not like legislation just consists of a bunch of random symbols that are later imbued with meaning by a court operating in a vacuum. The meaning of most legislation is clear most of the time. I'm sure the authors of the bill thought it was sufficiently clear, for any scenario they could contemplate (or, at least, the ones they cared about). But it's hard to see every potential corner case (and if every potential corner case did have to be identified and settled before the bill could even be debated, it's likely Illinois wouldn't have a FOIA today).
> It's far from perfect of course, but it's not like legislation just consists of a bunch of random symbols that are later imbued with meaning by a court operating in a vacuum.
Isn't this exactly what happened? A court of computer laypeople reached for Merriam-Webster in order to disambiguate a sample of programmer argot that was written into law by another group of computer laypeople. The legal profession isn't just dirty, it seems doomed to defeat itself in even its most rigorous practice.
> Courts start by looking at the "plain meaning" of the words used, but where that doesn't yield an unambiguous answer they will often look at the overall scheme or purpose of the legislation to try and figure out which interpretation is most consistent with that.
There is also the concept of a "canon of construction", which exists specifically to handle these kinds of reoccurring grammatical issues. I'm surprised there isn't one for dangling modifiers.