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
poem is named after. The metaphorical meaning of this creature is encased in modernism ambiguity, modernism being an unconventional literary style, with open-ended symbolism and messages. And thus, reader’s have yet to unanimously agree on an interpretation. However, I and several others, interpret it as the physical embodiment of the products of a conflicted post-WWI environment. Since the environment in the first stanza is volatile, and of it may arise a wretched and vile place that would envelope
Varying Interpretations of Heart of Darkness and Apocalypse Now The true meaning of varying interpretations comes alive when one compares the two film versions of Heart of Darkness by Joseph Conrad. Heart of Darkness and Apocalypse Now have the same basic outline and underlying themes, however the plots, characters, settings, time, purposes, and points of view differ enough to create two extremely different effects and two entirely opposite movies. Both movies depict an insanity: of man in Heart
Changing Interpretations of The Prince and Niccolo Machiavelli After five hundred years, Niccolo Machiavelli the man has ceased to exist. In his place is merely an entity, one that is human, but also something that is far above one. The debate over his political ideologies and theories has elevated him to a mythical status summed up in one word: Machiavelli. His family name has evolved into an adjective in the English language in its various forms. Writers and pundit’s bandy about this new
An Interpretation of Emily Dickinson's Poem #315 Emily Dickinson had an interesting life, and is a profound woman in the history of America and literature. Emily wrote many poems. Some are titled, and many are given chronological numbers instead of headlining the main theme. I am interpreting Poem #315. I read the poem, and had to read it again and again. As with most poems, the meaning is always clouded from me and I need a little help to figure out the true meaning of the author's intentions
The Love Story Interpretations of Robert Frost's Poem, Wind And Window Flower When reading Robert Frost Poem, Wind And Window Flower, I could not help but think that love and heartache were involved. I came up with two interpretations for Wind And Window Flower. In both interpretations, the Wind and the Window Flower signify a man and a woman. My first interpretation is as follows: Lovers, forget your love for an instance, and listen to the love of these two people. The characters in
Interpretations of William Faulkner's A Rose for Emily William Faulkner's "A Rose for Emily" has been interpreted in many different ways. Most of these rely solely on hints found within the story. I believe that his life can also help one analyze this story. By knowing that Faulkner's strongest influence was his independent mother, one can guess that Miss Emily Grierson's character was based partly on Maud Falkner. William Cuthbert Faulkner was born in New Albany, Mississippi on September
An Interpretation of Dudley Randall's To the Mercy Killers In order to appreciate a poem properly, care must be taken to analyze and understand many different facets of the work. Poems are often very complex and require a great deal of thought in order to arrive at the intended meaning. At the very least, three particular items of information must be uncovered during the reading of poetry. An experienced reader of poetry will always determine the identity of the speaker, the occasion of the speech
Reality: Influenced by an Individual’s Perception and Interpretation When the term reality is mentioned, many questions arise regarding what reality is and what is real originate also. Unfortunately, many of these questions are yet to be answered since determining reality and what is real are left to each individual’s imagination - for one to determine reality as he or she sees fit. A dictionary may provide a definition for the word reality, but things that constitute reality may never be
word is the most meaningful of all types of communication. It is valid to say that if ten people read a book and were asked to retell the book in their own words that we’d hear ten different versions of the same book. In today’s society, our interpretations are feared. We might interpret anything contrary to the author’s intentional meaning. The author could then possibly be liable for any actions we take after reading his works. Don Quixote is one who consciously decides to interpret his books of
Whitman's Interpretation of Emerson Walt Whitman was able to take the spark of an idea from Ralph Waldo Emerson and tend, nurture, and support it until the spark grew into a huge flame of something surprising and original - new American poetry. Whitman did not only learn from Emerson, but he also took Emerson's ideas and expanded them into something much more encompassing. Whitman was able to use Emerson's principles that are outlined in "The Poet" to springboard into something more expansive