Statutory Interpretation The process by whereby judges attribute meanings to words in a statute in order to apply the relevant statute to a case to reach a decision. There are two approaches: Literal and Purposive. The literal approach is where the words are given their plain, ordinary and grammatical meanings. The purposive approach is when the judge looks at the intentions of parliament. Aids available: There are two types of aids available for statutory interpretation, they
The rules of statutory interpretation are a guide for judges to decide what parliament means in statutes. The judge would look towards the rules for assistance when faced with a statute, which is difficult to apply to the given facts . There are three main rules. The literal rule requires that words must be viewed in their plain and ordinary meaning, even if there is some sort of absurdity . The golden rule requires words to be given their natural meaning to the extent where they do not produce absurdity
Jurors allow their verdict to be influenced by normative considerations, such as what the jury perceives the law ought to be, rather than the considerations of what the law is. Jury nullifications prompts the execution of interpretation, for jurors establish their meaning of the text, as well as their position on the intentions and purposes behind it’s enactment. This is problematic, for a jury may inaccurately interpret the meaning and application of a text. Jury nullification
The Golden Rule is a rule I have been taught ever since I can remember. The rule as I was taught goes like this: Treat others the way you want to be treated. There are many other interpretations of the rule based on religion and beliefs, but all of these interpretations have the same underlying message. Everyone is equal and deserves to be treated as such. Treat others with the kindness that you would like in return. The moral of this law is not one sole lesson but several smaller lessons hidden
Botha, C. (2004).Statutory interpretation: An introduction for students. Pretoria, Juta And Company LTD. Interpretation of statutes is the juridical understanding of legislation, deals with the body of rules and principles used to construct the correct meaning of legislative meaning to be applied in practical situations. Du Plessis explain it as follows: “Statutory interpretation is about construing enacted law-text with reference to and reliance on other law-texts, concretising the text to be
Stories have been used to teach lessons to the readers. The lessons in the story centered around were about morals and would forewarn the dangers if a person acted in a destructive manner. The Golden Rule is a well-known moral with an idea is that a person should treat others the way they wish to be treated. The Golden Rule can be portrayed to correlate with religious views. The Golden Rule is the moral to the story in “The Rime of the Ancient Mariner” by Coleridge because of the actions that occurred
Where is The Golden Rule now? In today’s world there are many rules and laws. There are laws against smoking in public places, there are laws against playing ball hockey on the street, and there are even laws about standing in front of a store or an establishment for too long. These laws are severely enforced. Breaking any of these laws can result in fines of up to $2000. Said laws have not been around nearly as long as the Golden Rule has, but in today’s society they seem to be more important than
also able to ‘make law’ themselves by using the doctrine of judicial precedent and statutory interpretation. The doctrine of judicial precedent is the process ... ... middle of paper ... ...an lead to miss-interpretation of the act or legislation. It can result into laws being uncertain to different cases and can also lead to unjust decisions being ruled. With rules such as the literal rule, this interpretation may lead to an absurd result Re Sigsworth (1935). To conclude, judges are found to
Statuary Interpretation Statutory law is law that has been made by parliament. For a statute to be passed it need to go through the House of Commons, House of lords and finally has to get the Royal Asset this is technically when the monarch must give their consent before legislation can become law but however in practice that consent is never refused. Parliament is the highest source of English law “sovereignty of Parliament” (also known as The supremacy of Parliament) this means that
What is Statutory Interpretation? Statutory interpretation may be required where complexity and uncertainty arises as to “what the section provides” and to whom is “within the provisions”. There are several instances where judges call for statues to be interpreted further; Such as “failure of legislation to cover a specific point, a broad term, ambiguity, a drafting error, new developments, and changes in the use of language” . Ambiguity is often a cause of dispute where a statute can have more than
Biblical and Classical Interpretations of the Witches of The Scarlet Letter The theme of witchcraft is woven into the fabric of The Scarlet Letter. The introductory "Custom-House" chapter includes an appeal by the author to remove any witches' curses on his family. Once he takes us back to the Boston of the 1640's, he frequently hints about the cohorts of the "Black Man" who meet in the woods beyond the town. But if the reader understands the classical meaning of the word witchcraft such as
Branagh's Interpretation of Much Ado About Nothing Shakespeare's wonderful comedy, Much Ado About Nothing, is an entertaining tale of the trials and tribulations of two pairs of lovers, who must face and overcome both malicious schemes plotted against them and also their own flaws and shortcomings before finding happiness together. Although clearly a comedy, the play is not without its darker moments. Don John plots to ruin Claudio's marriage; he nearly succeeds because Claudio, and most of
A Freudian Interpretation of Candide Voltaire’s Candide is a humorous work depicting the misadventures of a German man who has fallen from pseudo-nobility and is forced to roam the world in search for his love and his identity. In his adventures, he encounters massive fits of violence, both inflicted by himself onto others, and by those around him. This huge amount of violent behavior brings about startling questions about morality and justice in Voltaire’s time. It becomes apparent that Candide
Constructivism: A Matter of Interpretation The theory of constructivism rests on the notion that there is an innate human drive to make sense of the world. Instead of absorbing or passively receiving objective knowledge that is "out there," learners actively construct knowledge by integrating new information and experiences into what they have previously come to understand, revising and reinterpreting old knowledge in order to reconcile it with the new (Billett 1996). The cognitive structures
meanings. The Tasks and Various Interpretations For each learning paper, Marielle was given eight different ways to interpret “The Divine Image,” by William Blake. Learning paper 1 asked her to read the poem out loud, write down any ideas that came to mind, then write a summary of what the poem was about. She familiarized herself with the poem when she asked questions such as “Do these words contradict each other?” and “Who is they?” This was her interpretation: I interpret this songs to be
An Interpretation of E.E. Cummings' Anyone Lived in a Pretty How Town E.E. Cummings (1894-1962) is an American Poet whose works are some of the harder ones to understand. That's what Cummings is known for, his typography, language, punctuation, and his use of capital letters to give words special meanings. It has been stated that he has his own language known as Cummingsian. Cummings has done a lot of experimentation with language along with other poets during the Modernist era. Not only
case for the apparently immoral position”, how he found dramatic monologues the best form to do so, and how he went about it. It keeps going for a couple more pages on things which I will not go into because they have little relevance to any interpretation of “My Last Duchess”. The article as it pertained to my poem was fine; I wish I could have found one which went into more depth as opposed to just discussing immoral characters and our empathy for them. I didn’t particularly care for the lawyerly
was possible and would have been a murder if he connected. In terms of the law it can be further simplified to focus on fault and conduct. All this brings into account the principle of causation. Causation has its origin in a norm; man’s interpretation of nature has a normative juristic character, and has its beginnings in 19th century (Kelsen47). And from that we add to its relation to
her husband is actually alive. They feel that when Louise finally accepts that her husband is deceased and she discovers freedom, that seeing her husband alive causes her to get depressed, go into shock, and die. On the other hand, a more unique interpretation of Mallard’s death would be that she passed away from excitement and anxiousness from being completely independent, and having various opportunities in store for herself. Mallard may have not been able to handle the new exhilaration directly after
An Interpretation of the Ghost Ghost is something that some believe and some won't. But still most of them get frighten to some extend, when they watch terrific horror films. Perhaps it is due to the terrific sounds or special effects that imposes ones mind. But there is a specific science that has the ability to explain the concepts of the spirits or ghosts called Adhyathma (A study centered around the soul)in the Ancient Indian script. According to the teachings of the ancient scripture Bhagavad