Jonathan R. Siegel

Professor of Law

George Washington University

2009 Mich. State L. Rev. 123 (symposium)

The debate over statutory interpretation often breaks down into a battle among textualists, intentionalists, and purposivists. But another consideration in statutory interpretation that is distinct from all three is the degree of importance to be given to substantive background principles of law. This essay explores the potential for use of these “field-specific canons of construction” by administrative agencies. The essay concludes that the institutional characteristics of agencies, particularly their specialized expertise, puts them in a particularly good position to discern and utilize field-specific background principles as a tool of statutory construction.