Seminar: Marcin Matczak – Three types of intention in lawmaking


The paper starts with a summary of traditional approaches to legislative intent, showing the extreme diversity of the perspectives involved. In the second part, I propose a new theoretical framework, based on three types of intentions; first, I identify these three intentions; then I look at the different roles and actors in the legislative process and allocate intentions to them. In the final part of the paper, I draw the consequences for legal interpretation of this more theorised model of legislative intent. In the conclusion, I show that the proposed model explains the theoretical conflations, reconciles allegedly competing positions and opens new perspectives for the debate on legislative intent.

Discussant: Martin Kelly