...Unit 1 – Section A - Statutory Interpretation Approaches to Interpretation The Literal Rule Under this rule, the courts will give words their plain, ordinary or literal meaning, even if the result is not very sensible. “If the words in an act are clear, then you must follow them even though they lead to a manifest absurdity.” (R v Judge of the City of London Court) Examples: (Whiteley v Chapel) – D charged under a section which made it an offence to impersonate any person entitled to vote. D impersonated someone who was on voting list but was deceased. D was not guilty as the person is dead they are not literally entitled to vote. (London and North Eastern Railways Co v Berriman) – Unable to claim when husband was killed whilst carrying out maintenance work oiling railway track. Statue said a look out should be provided when relaying or repairing the track. Words relaying and rapairing were given the literal meaning and didn’t cover maintenance. The Golden Rule It takes the literal meaning but the court is allowed to avoid interpretation which would lead to an absurd result. There are 2 views on how the golden rule should be used 1) the narrow application and 2) the wider application 1) Narrow application – if a word has more than one meaning, you can choose between them In Jones v DPP if a word had more than one meaning “You can choose between those meanings but beyond this you cannot go”. Examples: (R v Allen) – Example of narrow application Was a bigamist...
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...Contenido STATURORY INTERPRETATION 1 LITERAL RULE 1 GOLDEN RULE 1 MISCHIEF RULE 2 PURPOSIVE APPROACH 2 ALTERNATIVES DISPUTE RESOLUTIONS 3 INTRODUCTION 3 ARBITRATION 3 CONCILIATION 4 MEDIATION 4 MINITRAIL 5 NEGOTIATION 5 Bibliography 6 STATURORY INTERPRETATION LITERAL RULE This rule explains every word as an ordinary dictionary meaning. The aim of the court is to find the Parliament intentions when a word is used. Taken from: www.school-portal.co.uk In Sam´s case the selling of fish and chips and soft drinks can be defined as an invitation to treat which means that there is an offer which can be accepted or rejected by the offeree. In the present case exist a group of similarities regarding the case of Fisher V Bell (1960) in which it was argued that display and knife was an invitation to treat. Taking into account the definitions and parameter of the literal rule Sam is not guilty or convicted of the offence; according to this rule, the literal meaning has to be followed to obtain a complete understanding of the case and the situation. GOLDEN RULE This rule is an improvement of the literal rule which let at words into the proper context of those who are solving the case. The golden rule requires that the meaning of the words used in the study of the case need to have only one meaning offering the simplest signification unless when they are not applied it can be produce a misunderstanding and inconvenience. In this situation...
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...The Interpretation of Dreams Sigmund Freud (1900) PREFACE TO THE THIRD EDITION Wheras there was a space of nine years between the first and second editions of this book, the need of a third edition was apparent when little more than a year had elapsed. I ought to be gratified by this change; but if I was unwilling previously to attribute the neglect of my work to its small value, I cannot take the interest which is now making its appearance as proof of its quality. The advance of scientific knowledge has not left The Interpretation of Dreams untouched. When I wrote this book in 1899 there was as yet no "sexual theory," and the analysis of the more complicated forms of the psychoneuroses was still in its infancy. The interpretation of dreams was intended as an expedient to facilitate the psychological analysis of the neuroses; but since then a profounder understanding of the neuroses has contributed towards the comprehension of the dream. The doctrine of dream-interpretation itself has evolved in a direction which was insufficiently emphasized in the first edition of this book. From my own experience, and the works of Stekel and other writers, [1] I have since learned to appreciate more accurately the significance of symbolism in dreams (or rather, in unconscious thought). In the course of years, a mass of data has accumulated which demands consideration. I have endeavored to deal with these innovations by interpolations in the text and footnotes. If these additions do...
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...Statutes would be interpreted frequently by courts in modern time, Owing to the defect of ambiguity or language in legal terms, defect of statutes. Some amount of interpretation is necessary when the word of statute is ambiguity, sometimes, the content of statutes have a straightforward meaning. But the ambiguity of the words in the statutes must be solved by courts, it is true that have some ambiguity or have a unclear meaning of statutes' words in most case. Statutory interpretation allows the judge to have a clear meaning of what is meant by the statutes. Hence, statutory interpretation is an important process when the case is judging by court and courts would seek to interpret the statutes at full steam. In the modern legal system, there are four general approaches to construe statutes that are respectively the golden rule, the literal rule, the purposive approach and the mischief rule. The quoted statement by Lord Denning means, when statute is interpreting, the judge need to understand the entire content of statutes and ascertain the intention of Parliament that better than reading different section of statues and to understand them separately, or words by words. In other words, Lord Denning said that by applying purposive approach better than literal rule. We need to understand and ascertain the meaning of four approaches before discussing the statement by Lord Denning. Whichever approaches or rules may be applied by court, giving a clear meaning of particular words...
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...------------------------------------------------- Statutory Interpretation There are four general approaches to construe statutes that are respectively the golden rule, the literal rule, the purposive approach and the mischief rule. The quoted statement by Lord Denning means, when statute is interpreting, the judge need to understand the entire content of statutes and ascertain the intention of Parliament that better than reading different section of statues and to understand them separately, or words by words. In other words, Lord Denning said that by applying purposive approach better than literal rule. Extrinsic aids are matters which may help put an Act into context. Sources include previous Acts of Parliament on the same topic, earlier case law, dictionaries of the time, and the historical setting. In addition, Hansard can now be considered. Hansard is the official report of what was said in Parliament when the Act was debated. The use of Hansard was permitted following the decision in Pepper (Inspector of Taxes) v Hart (1993) where the House of Lords accepted that Hansard could be used in a limited way. It permits Hansard to be used where the legislation is ambiguous or obscure or leads to an absurdity, and the material relied on comprises one or more statements by a Minister or other promoter of the Bill and such other parliamentary material as is necessary to understand the statements, and the effect and the statements that were relied on have to be clear. Extrinsic...
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...spray out any excess repellent. Upon seeing this, John Ruth was certain that some of this paint had landed on her outdoor shower area which was located near her kitchen. John Ruth issued a notice that there had been a breach of Augusta Margaret River Shire Council local law that relates to the discharge of metals and metallic particles into soil, areas of vegetation, waterways, sewers, drains or similar areas. This law is followed by a significant fine of $3000. Daisy argues that the law does not apply when an insignificant amount of particles is discharged into a water storage container. The following provides an outline of relevant legal concepts and approaches to determine the validity of Daisy's argument. Statutory Interpretation Statutory interpretation is a method used by courts to interpret and apply legislation. It is necessary for legislations to have rules...
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...The various methods of statutory interpretation that have been developed by the courts over the years of the British Legal system are a common law concept. 1.0 Introduction Statutory interpretation is the process the courts interpret and apply the passed Acts of Parliament. The courts must do this as when a case involves a statute, mainly because some statutes have a plain and straightforward meaning. And there usually is ambiguity and vagueness within the words of the statute and it is left to the judge for the matter to be resolved. 2.0 Some of the methods of statutory interpreation that we will reveal and discuss are the Literal Rule, Golden Rule, Mischief Rule and also anylase the Purposive Approach used by the courts of United kingdom and other countries who have adapted to the Laws of United Kingdom. 2.1 The Literal Rule During the 18th and 19th centuries the court started to take more of a literal approach within their courts they took a strict view of the words of a statute. If the case before them was not precisely covered they were not prepared to countenance any alteration of the statutory language. An example of this is: “Whiteley v Chappell (1868) LR 4 QB 147. In this case, the defendant pretended to be someone who had recently died in order to use that person’s vote. It was an offence to ‘personate any person entitled to vote.’ As dead people cannot vote, the defendant was held not to have committed an offence. The Defendant had voted using a dead person’s...
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...Chapter 3: Principles of Statutory Interpretation 3.1: The Literal Rule "If the precise words used are plain and unambiguous, in our judgment we are bound to construe them in their ordinary sense, even though it does lead to an absurdity or manifest injustice"- Jervis CJ in Abley v. Dale 1851. The literal rule means the interpretation of Acts purely according to their literal meaning; it has fallen out of favour since the 19th Century. The literal rule of statutory interpretation says that words in a statute should be given their ordinary, literal meaning, no matter how absurd the result . An example of this rule can be seen in IRC v Hinchy (1960), in which the House of Lords was considering the effect of the Income Tax Act 1952. Section 25 of the ITA stated that any tax avoider should pay a £20 fine and ‘treble the tax which he ought to be charged under this Act’. Hinchy’s lawyers argued that this meant a £20 fine and treble the amount of tax which had been avoided. Unfortunately for Hinchy, the House of Lords decided that the literal meaning of ‘treble the tax which he ought to be charged under this Act’ was that a tax avoider should pay a£20 fine and treble his whole tax bill for the year. The outcome of the case was that Hinchy had to pay £438, even though the amount he had avoided was only £14.It is almost certain that the meaning applied by the House of Lords was not what Parliament had in mind when the Income Tax Act 1952 was passed. The statute was badly worded. The...
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...The interpretation of dreams by dream experts may be almost as old as dreaming itself. We know that all humans, and many animals, dream every night, and humans have always been fascinated to learn what causes dreams and what they mean. Freud rightly termed dreams "The Royal Road to the Unconscious". In the next few months I am going to build up a section on dreams which will allow you a far greater understanding of them. I begin toay with a basic introduction. The interpretation of dreams dates back at least as far as 3000-4000 B.C. We know that because the interpretations of dreams were recorded in permanent form on clay tablets. It is thought that many primitive peoples were unable to initially distinguish between the real world and the dream world. In many cases, these people looked upon the dream world as an extension of the physical world around them, and in many cases they saw the dream world as more powerful than the waking one. This of course could be said to have a lot of credibility because what we do not acknowledge in ourselves does tend to come up from the unconscious and affect our lives when we least expect it. Many early societies developed sophisticated ways of working with dreams. This is where the ideas of "creative dreaming" and "lucid dreaming"comes from Dream interpretation was so important to the ancient Greek and Roman's that dream interpreters often accompanied generals and other military leaders into battles. Dreams were taken extremely...
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... | | |76-85% |The work examined is outstanding and demonstrates comprehensive knowledge, understanding and skills appropriate to the Level of the qualification. There is also excellent evidence showing that all the | | | |learning outcomes and responsibilities appropriate to that level are fully satisfied. At this level it is expected that the work will be outstanding in the majority of the categories cited above or by | | | |demonstrating particularly compelling evaluation and elegance of argument, interpretation or discourse. | | | |The work examined is excellent and is evidence of comprehensive knowledge, understanding and skills appropriate to the Level of the qualification. There is also excellent evidence showing that all the | | |70 – 75% |learning outcomes and responsibilities appropriate to that level are satisfied At this level it is expected that the work will be excellent in the majority of...
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...Theology Essay 1 What thoughts do I have when I hear the word Theology? Well, my first thought is that it has something to do with the Bible and religion. Second, I believe it will give an insight on different views and interpretations of the Bible, but mostly, I believe it will give me along with many others a better perspective on the Bible. The Bible’s interpretations can be used throughout one’s life as a map of what to do and where to go, especially when you’re at a loss of what to do and where to turn. Theology will give a huge eye opening experience to many that have never read the Bible but believe in God. As the video’s and the book stated, everyone is a theologian. We all have our thoughts in God and what we believe and that’s part of being a theologian but not everyone believes in the same way and we definitely don’t interpret the Bible the same way. Many have stated that this is the time to discuss with friends, cougleges, and family to hear everyone’s point of views and comprise different takes on the discussion along with being open to another way of interpretation. I hope to get a better understanding of the Bible and its interpretations during the next 8 weeks while taking this course. I’m hopeful that it will broaden my thoughts, feelings and understanding of the Bible more. As a young child my mother or grandparents would take us to church and we could sit and listen to the sermons every Sunday. As we, my brothers and I, grew we didn’t attend church as much...
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...Language Examples Your interpretations should include the quote, the author, page number, and explanation of how you interpreted the figurative language. You may type your answers directly into this document. This assignment will be typed and handed in as a hard copy and submitted to the D2L Dropbox. NOTE: To save paper, please delete the examples below before you print out your assignment. Example entry: Simile – your definition. Integrated quote – As Ultima bathes Lucas in preparation for his cure, he is “like a rag doll in her hands” (Anaya 96). Your interpretation (of the figurative language): This is an example of simile because it is comparing Lucas to a limp, lifeless doll. Example entry: Metaphor - your definition Integrated quote: Anaya uses metaphor in describing Tenorio’s saloon when Ultima inquires, “Is he in his dog hole, that place he calls a saloon?”(92). Your interpretation: Anaya is comparing a dog hole with a saloon. Metaphor – Your definition Integrated quote: Your interpretation: Simile – Your definition Integrated quote: Your interpretation: Personification – Your definition Integrated quote: Your interpretation: Hyperbole – Your definition Integrated quote: Your interpretation: Foreshadowing – Your definition Integrated quote: Your interpretation: Metaphor – (No need to repeat definitions) Integrated quote: Your interpretation: Simile - Integrated...
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... 2. How and when was this photo released? Why? The photo was not released until 5 years after 9/11 in 2006. The main reason because it was a controversial picture of 9/11 because the people photographed were smiling and enjoying their day, with the twin towers in smoke in the background. Almost all pictures that had been released and published were very sad and devastating. 3. How was the photo initially interpreted? In what ways was this interpretation flawed according to Jones? The photo was initially interpreted that Americans failed to learn deep lessons from that tragic day, but rather just went on enjoying their own lives without taking into consideration what else was happening. Jones says this interpretation is flawed because it the emphasize shouldn’t be placed on judging the individuals, but rather the people represent us in our everyday life. Our lives have to keep going on no matter what tragedy strikes. 4. Jones considers and rejects multiple interpretations for the photo before settling on one. This is an example of evolving a thesis. List at least three thesis...
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...important and relevant to society. In this speech, the speaker must consider him/herself a “teacher” (an informative speaker sharing information with your audience). A topical organizational pattern is suggested for this speech. OPTION ONE: This option requires you to choose a favorite song. Included in the speech must be: (1) a description of the song (e.g., composer/lyricist, its musicality, a description of the artist); (2) the song’s theme and its relevance to the class and/or society; (3) an oral interpretation of a section from the song; (4) the student's personal reaction to the song (i.e., why you chose it); and (5) an audio or visual portion of the song to be played for the audience as an audio aid to support the verbal message shared. Speakers are required to effectively prepare, organize and deliver a speech advocating WHY this song is important or culturally relevant while successfully employing audio, and perhaps, visual aids and basic oral interpretation techniques. With the Topic Outline, a complete copy of the lyrics to the song must also be...
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...Danny Ambalu 06/04/12 Interpreting the Un-Interpretable In Poulet’s A Phenomenology of Reading, he asserts that in a sense the reader, by reading and thinking about a text, creates the text. When the reader reads a text, his consciousness unites with the consciousness of the author, and their ideas combine and transform the text from a “dead object”, or objective words on a page, into a living, dynamic work. In other words, Poulet gives the reader license to provide his own reasonable interpretation of a text, because the reader is the author’s partner in creating the text. This is especially true with regards to John Ashbery’s “Farm Implements and Rutabagas in a Landscape”, where a straightforward explanation of the poem is almost impossible. Therefore, in accordance with Poulet’s literary theory, I would like to unite my consciousness with Ashbery’s and provide my own interpretation of the poem: the poem is not meant to be understood. Upon reading the poem, the reader is immediately confronted with numerous questions. Who is sending the messages in the first and third stanzas? What do they mean? What is all the scratching about? Why is Swee’pea sad? Why is Popeye shooting green thunderbolts, and what is he laughing about at the end of the poem? These are merely questions about the plot of the poem, but there are also several technical questions. For example, in line 23 the thunder is described as loving. Since when does thunder have emotions? These are some...
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