RC.152 Legal Interpretive Methodologies
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Passage

The majority interprets custody by examining early prison regulations, nineteenth-century dictionaries, and debates surrounding the statute's enactment. A dissent responds that a controlling supreme-court case already defined custody for the same statute as restraint severe enough to limit ordinary freedom of movement. The dissent says the present electronic-monitoring conditions satisfy that test and that none of the factual differences identified by the majority concerns the elements on which the earlier holding turned.

Which methodology does the dissent principally advocate?