...Book final final THE GOLDEN RULE as THE SUPREME PRINCIPLE implications for FAITH Faith within the Limits of Love and Reason SECTION ONE: Why Reason Must Have the Final Word To see why reason must have the final word in all things, I will illustrate the role of reason in three different cases. This I think should suffice to make the point. (1) Consulting Some Authority Suppose we are confronted with two or more conflicting alternatives concerning what to say, think or do and in hopes of resolving this confusing conflict, we seek out some wiser person, some authority, who can give us the correct answer. This raises the question: Who is the authority we can turn to: our Mom, our Dad, our grandparent, a priest or a clergyman, a Rabbi or Ayatollah, a bodhisattva, a therapist or counselor, the Pope, a lawyer, a real estate agent, an auto mechanic? Well, of course, our choice depends on the nature of our problem. So, reason needs to play a role here in helping us to determine what kind of authority to consult. Okay, let us suppose that our conflict is of a religious nature. We still need to ask which priest, which clergyman, which Rabbi, which Ayatollah or which bodhisattva etc. to choose. So here again, reason has a role to play. There is more. After we have settled who to consult, sometimes we will find that the advice is really bad advice. Sometimes we will find that the advice is really good advice. On still other occasions, we won't know what to make of the advice...
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...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 in the statute or interpret the basic meaning of statute. The literal rule try to give a plain, straightforward and ordinary meaning to the words of statutes in the context of statutory provision or the Act, Maybe this word has a simply and popularly understood meaning but this word would has no more one meaning in the particular statute. In addition, some technical words of legislation...
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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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...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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...The literal rule of statutory interpretation should be the first rule applied by judges. Under the literal rule, the words of the statute are given their natural or ordinary meaning. They don’t interpret meaning. Lord Diplock in the Duport Steel v Sirs case (1980) defined the rule: “Where the meaning of the statutory words is plain and unambiguous it is not then for the judges to invent fancied ambiguities as an excuse for failing to give effect to it’s plain meaning because they consider the consequences for doing so would be inexpedient, or even unjust or immoral.” This definition says that a judge should not deviate from the literal meaning of the words even if the outcome is unjust. If they do they are creating their own version of how the case should turn out and the will of parliament is contradicted. R v Harris (1836) 7 C & P 446 concerned a case where the defendant bit off his victim's nose. The statute made it an offence 'to stab cut or wound' the court held that under the literal rule the act of biting did not come within the meaning of stab cut or wound as these words implied an instrument had to be used. Therefore the defendant's conviction was quashed. The golden rule is an exception to the literal rule and will be used where the literal should be used first, but if it results in absurdity, the grammatical and ordinary sense of the words may be modified, so as to avoid absurdity and inconsistency, but no further. So, The Golden Rule is a modification of The...
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...breach of section 14. While riding his bicycle to university one day he was listening to his girlfriend who had rung him on his mobile phone to tell him about her day. He argues: 1. He was not talking on his mobile phone 2. He is not driving a motorcar, truck, motorcycle or similar vehicle Using the rules of statutory interpretation and the four-step process, explain to Django whether he is breach of section 14 by discussing each of his arguments in turn. Step 1 Area of Law: Common law rules of statutory interpretation Step 2 Principles of Law: Students should discuss: Literal approach – define it. IRC v Hinchy and other cases Golden Rule – define it Alder v George and other cases Mischief rule – define it Smith v Hughes and other cases The Ejusdem Generis rule-define it Hy Whittle Ltd v Stalybridge Corp and other cases Step 3 Application of the Law: If the literal rule was applied, this would be the answer If the golden rule was applied, this would be the answer If the mischief rule was applied, this would be the answer If the ejusdem generis rule is relevant, then it should be applied as well Step 4 Conclusion: The result will differ depending upon which rule is applied....
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...What is Statutory Interpretations? Statutory Interpretations is the process by which Judges interpret Acts of Parliament. 75% of cases heard by the House of Lords are concerned with statutory interpretation. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. Sometimes the words of a statute have a plain and straightforward meaning. But in most cases, there is some ambiguity (can be interpreted in more than one way) or vagueness (unclear) in the words of the statute that must be resolved by the judge. An example of where the language was unclear can be seen in the case of Twining v Myers (1982), where court has to decide whether roller skates amounted to a ‘vehicle’. There may be other cases where the meaning of words change over time, for example the Offences Against a Persons Act 1861 uses the word “malicious” and “grievous” which either would not be used in this modern day and time, or if used have different meanings to which was intended when the Drafts Man of the act write it. Other means of when Statutory interpretations would be needed is when Drafting errors are present in the bill, this happens mostly when bills are rushed in times of emergency. Problems of interpreting statutes? The problems with interpreting statues is that Judges have to decide what parliament meant by a particular piece of legislation. In most cases judges correctly judge of what the intentions...
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...English contain many words with more than one meaning. In fact, some of the broad terms are used which have seven or more distinct definitions. With this being the case, even the best drafted legislation can include many ambiguities. This is the fact where people look at a text from different points of view they will naturally find different meanings in the language used. The courts are helped by a number of tried and tested rules of statutory interpretation. Judges have their own preferences as to these rules and are free to choose which approach to adopt depending upon the circumstances. The first option open to the judge is literal rule which involves applying the 'plain, ordinary, literal meaning’ of words even if this would lead to a manifest absurdity. This rule has been widely used even though the results have made nonsense of the law. This is illustrated in the case of Whitely v Chappell [1868] where it was held that the defendant was not guilty since a dead person is not, in the literal meaning of the word, "entitled to vote". This rule has also bought about harsh decisions due to the way it is applied. In...
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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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...Certainty in the law is a concept for which the Administration of Justice strives. Judicial precedent promotes certainty in case law while Statutory Interpretation promotes certainty in legislation. Discuss these statements with reference to the principles and rules of Judicial Precedent and Statutory Interpretation. Illustrate your answer by reference to cases. Individuals have different perceptions, and businesses operate in a market-based system, where production is fuelled by profit maximization. Conflict will inevitably arise. Law helps societies maintain social order, which enables individuals to interact, and provides a framework within which businesses operate (Kelly, Holmes and Hayward). The law impacts different aspects of our lives. There are rules to govern property, health, and a range of human activities. Vernon Rich describes laws as “written expressions of the enactment or decree of legitimate governmental authority, which formally define standards of behaviour and provide for punishment by the government for those who disobey” (63). Since the consequences of disobeying laws can be severe, judges and legislators strive for certainty in case law and legislation, to ensure the most just ruling. Although critics argue that judicial precedent and statutory interpretation have limitations, they undoubtedly promote certainty in case law and legislation. Case law, or common law, is law enacted by judges based on decisions made in the cases they...
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...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 name.” 2.2 The Golden Rule Some judges have suggested that a court may depart from the ordinary meaning where that would lead to absurdity. It only applies where the words are ambiguous. An interpretation that is not absurd is to be preferred to one that is. An example of this is: R v Allen (1872) LR 1 CCR 367 The defendant...
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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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...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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...Literal Rule: It dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute, unless a statute explicitly defines some of its terms otherwise. Simply put, the law should be read word for word, and not change from its ordinary meaning. It should be the first rule applied by judges. In the words of Lord Esher: ‘If the words of an act are clear, then you must follow them even though they lead to a manifest absurdity. The court has nothing to do with the question whether the legislature has committed an absurdity. For example in the case of London & North Eastern Railway Co v Berriman (1946)- A man died whilst he was doing ‘maintenance’ on a train track. He had no lookout man to warn him of any danger. According the Fatal Accidents Act, ‘A look out should be provided for men working on or near the railway line for the purpose of RELAYING OR REPAIRING it.’ The company was found not liable for not providing a lookout man, due to the fact he wasn’t ‘relaying/repairing’ the track, he was only doing ‘maintenance’. Professor Michael Zander described the Literal Rule as this: ‘The literal rule is mechanical and divorced from the realities of the use of language’. The Golden Rule: The Golden Rule is a modification of the Literal Rule. The Judge starts by looking at the Literal Rule, and if that leads to an absurd result, then the court can avoid that interpretation. There are two variations of the Golden Rule, the...
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