The principle of literal approach is modified by golden rule for the statutory interpretation. Golden rule is applied when the literal rule leads to absurdity, uncertainty result in which the judge unable to know the intention of Parliament in the written statute. Golden rule can be used to replace the literal approach if there is any inconsistency and repugnancy found in literal meaning of words. It was allowed for the judges to interpret at the words meaning, and substitute the words with reasonable, logical contextual meaning. In the case of Grey v Pearson , Lord Wensleydale had clearly explained the principle of golden rule: ‘…in construing wills and indeed statutes, and all written instruments, the grammatical and ordinary sense of the …show more content…
There are two views on the application of golden rule. First, in the narrow sense, the possible meaning of words will be chosen by judges after taking the rational consideration. In the case of R v Allen , Section 57 of the Offences Against the Persons Act 1861 clearly states that it is illegal if someone who married twice shall committed bigamy. Bicamy actually is an offence of marrying another person but he or she still is a married man or woman. In this case, the defendant who is a married man had married with another woman. The term ‘marry’ was being considered. First, ‘marry’ means someone be married to the other person with the legal and valid proceedings. Second, ‘marry’ means the parties have to undergo the marriage ceremony. It was argued that the defendant did not commit this offence because he was not married to the other women since the law prohibited the people from committing bigamy. The court chose the second meaning because the first meaning will indirectly produce uncertain and absurd consequence in which there is nobody guilty of offense. On the other hand, the judge can apply the golden rule on a wider sense. Court has the responsibility to modify or adjust the meaning of words of statute if the meaning of words may lead to absurdity or unclear
...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).
One can say that a person’s autonomy is proof enough to decide if they choose to discontinue life saving treatment. Be that as it may, when can a medical professional decide to ignore the patient’s request? To answer this question I will be using the principlist method argue when it is necessary for a medical professional to do what is in the best interest of the patient, even if it means violating their autonomy. Autonomy, or respecting one’s actions or choices, is one of the four main principles of morality. Autonomy is a major component of informed consent and to give consent is to be competent. Thus, I will be providing information of what it means to be competent. The second principle of morality is beneficence or the obligation to help
of law has proved to be confusing to both juries and judges due to the
explain my thoughts. The Golden Rule in my opinion is a major norm in our
“Statutory interpretation is about construing enacted law-text with reference to and reliance on other law-texts, concretising the text to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation’’
Before educators can even discuss how they would teach empathy to their students, we must parse understand what the word empathy actually needs. The word empathy basically deals with our feelings and emotions. That's what it means to me anyway. Empathy must first be taught to the bystander who may actually be witnessing a victim being bullied by another student. We must teach students that it is okay to let an adult know when they are witnessing bullying. When students are being bullied they are actually being hurt emotionally you see, you don't actually have to do physical harm to a person in order to hurt them. I must say that from studying this course certain aspects are starting to fall together in an undeniable bond. For example, students must understand that tattling is not the same thing as being a whistleblower which is an adult term we like to say informing the authorities.
The ability to interpret the morally correct (morally good) resolution to a moral, when confronted by a moral dilemma, can be a very difficult task. Ethics is the search for universal objective principles for evaluating human behavior, good or bad. In societies, ethics are developed by their religious beliefs, government, and through experience. Social ethics serve as the premise for morality. Humans through ethics create morality, a personal or social code of conduct. The principles for one's morality are founded by the ethical standards of their society. Through experience, education, religion, and morality humans develop morals based on social and religious ethics. Morals give humans the ability to distinguish the morally right/good decision to make when confronted with a moral dilemma. However, in some instances we are confronted with a morally problematic situation in which it is difficult to distinguish the morally correct solution. For example, we'll consider the morally problematic situation faced by the Smith's. The Smith family is like any average, American, middle-class family of Catholic faith. One night Jim, the Smith's eldest son who had jus graduated from college, went out to a bar for a friend's birthday. Later, in the morning hours, Jim decides that he should go home. Jim decides to drive home even though he was very intoxicated. On his way home Jim runs a red light proceeding to smash into a car, instantly killing the driver. Jim leaves the scene, of which there were no witnesses, and hurries home. His parents tell him to stay at the house while they attempt to resolve and analyze the situation. The next day, a couple of police officers arrive at the house and ques...
There is an exceptional amount of religions in the world that have contrasting and varied ideals and concepts. However, there are some common traits that the religions of differing ideologies, as in western and eastern thinking, share. One of those traits that can be found in almost every religion is a trait that people choose to call “The Golden Rule”. The basic concept of the Golden Rule is that you should treat others in the same fashion that you would want them to treat you. Even though it is a more moral and ethical aspect, it is still prominent in very spiritual religions. Islam, Christianity, Buddhism, and Confucianism all have their own ways of portraying the message of the Golden Rule. Islam is often a misunderstood religion by our
"Moral thought, then, seems to behave like all other kinds of thought. Progress through the moral levels and stages is characterized by increasing differentiation and increasing integration, and hence is the same kind of progress that scientific theory represents." Quoted by Mr. Kohlberg himself. Kohlberg developed a set of stages on what he thought how man develops morally. Lawrence Kohlberg's reasoning for the stages of moral development stemmed from Swiss psychologist Jean Piaget; who was one of the first to study systematically moral reasoning in children. Lawrence was also influenced by Socrates, Immanuel Kant, & John Rawls. These were philosophers who preceded Kohlberg and what led him to make "Kohlberg's Stages of Moral Development." According to Kohlberg, although the specific content of moral codes can vary from culture to culture, what really distinguishes among cultures is what is only on the surface. He believed that humans, with the exceptions of sociopathic and severely impaired people, have an innate potential for development from the earlier to later stages of moral development. According to Lawrence, "each stage is distinct and reflects a level of moral judgment that is more complex than that of preceding stages." He compares his views of moral development as kind of like a "mathematical" solution to conflicts. Kohlberg's Stages of Moral development consists of three levels and within them six developmental stages; each more sufficient at responding to moral predicaments than its predecessor. Within his works he was predominantly concerned with justice. Level one: Pre-Conventional(early), which deals with the beginning two stages; the first being Punishment and Obedience( How can I elude punishment?) & the second ...
1.The strict supremacy of statute over judicial decisions and a tradition of literalism in statutory interpretation, 2. Where no legislation exists, the courts are bound by the doctrine of precedent in accordance with a strict hierarchy of judicial authority, 3. In the absence of a relevant precedent, the judges will be guided by legal principle and reasoning by analogy, and 4. There is clear way of distinguishing the ratio of a case…
J.S. Mill’s principle of utility is explained as actions are right as they tend to gain happiness, and wrong as they tend to reduce happiness. Mill defines happiness as, “pleasure and the absence of happiness is pain.” He argues that pleasure can differ in quality and quantity, and that more complex pleasures are ranked higher. Mills also places people’s achievements of goals, such as a virtuous living, should be counted as part of their happiness. When Mill states that the principle of utility is the “First Principle” of morality he is ranking the principle of utility highest because that in order to know what the boundaries of morality are, it is necessary to know how actions should be accounted. The first principle dictates the rest of the principles of morality because it illuminates what the right thing to do is, and that is to maximize happiness. Happiness is the goal of morality, and this is why Mill believes that morality must have a first principle.
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that is founded upon universal and neutral rules. Endicott argues that communities can never adequately achieve the rule of law because “it requires, among other things, that government officials conform to the law. But they may not do so, and presumably there is no large community in which they always do so” (Endicott, 1999, p.1). Consequently, an area of rule of law is explored by Aristotle’s critique of Plato’s philosopher-rulers theory and his defence and understanding of the rule of law.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...