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There is no surer way to misread any document than to read it literally. ... As nearly as we can, we must put ourselves in the place of those who uttered the words, and try to divine how they would have dealt with the unforeseen situation; and, although their words are by far the most decisive evidence of what they would have done, they are by no means final.

Learned Hand#21

LawIntentInterpretationReading

About this quote

What does it mean?
Literal readings of documents miss intent; true interpretation requires imagining the author's response to new situations.
In plain terms
Don't just read words literally imagine what the author meant when they wrote them.
What can you take from it?
Interpret intent, not just text, when reading documents.

Where it applies

  • contract law
  • constitutional law
  • historical analysis

Putting it to work

  • contextual legal research
  • drafting flexible clauses
  • analyzing historical intent

Questions to consider

  • When has a literal reading misled you?
  • How do you determine original intent?

Another view

Intent is often unknowable or contested in historical documents.

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