Aside from a handful of attempts, textualist theorists have been either unconcerned or uninterested in the problem even critics of textualism seem to have placed little emphasis on the threat posed by scrivener’s error to textualist theory. More recently, the post-legal-process revival of formalist approaches to statutory interpretation on the bench, and their systematic defense in the academy, has made the problem of scrivener’s error increasingly relevant. The doctrine surrounding scrivener’s error stands considered as something of a cousin to the absurdity doctrine, which has roots extending to the earliest days of the American Republic. But theorists of legal interpretation have long seen that scrivener’s errors pose a more serious problem. Scrivener’s errors make easy prey for the gentle comedy of the bench and bar, much in the way that typographical errors in billboards, newspaper headlines, and church bulletins form an endless source of humor for late night talk show hosts.
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