The Law of Interpretation

The law of interpretation is also known as statutory interpretation. In general, the law of interpretation or statutory interpretation is a way that a court uses to reveal the meaning of a written legislation. The Statute refers to a law that is passed by the authoritative people.  Salmond defines the law of interpretation as “Interpretation or the construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed.”  Hence, interpretation of law is of paramount importance because you should be able for grammatical interpretational and functional interpretation.

There are different kinds of interpretations that are used a rule by the courts. Let’s discuss these rules in detail:

Grammatical Interpretation

It is implied that judges are not authorized to amend, add or delete the letters from the written law. Judges cannot claim to add or delete the words to make the law better. The letters should remain the same as the law was passed. Judges and interpreters should follow the language strictly that is written in the law. The courts must have to interpret the law as the legislation has spoken.

Functional/Logical Interpretation

Functional and logical interpretation is also very important. Sometimes, there is a contradiction in the law. For example, one section says something and the other section opposes it. In such kind of situation, functional and logical interpretation is applied. A statute may have an ambiguity or a defect in the legislation. Hence, Judges and courts refer to the logical interpretation of the former decisions as a precedent.

The Literal Interpretation

The literal rule of interpretation refers to the truth. The courts look for the literal meaning of the words, and they do not focus on whether this interpretation is sensible or not. Sometimes, an ordinary man claims that a court decision is not sensible. However, the court is bound to make the decision regardless whether it is logical or not.

One should make it clear that literal rule is a definite rule of interpretation and judges have been using this rule for over 100 years. If you need a law firm that does this well you should check out Neale & Newman, LLC as they are one of the top law firm in Springfield, MO and really specialize in Springfield, MO real estate law

The Golden Interpretation

Golden interpretation is an exception to the literal interpretation. Yes, most judgments come on the basis of the literal interpretations. Nevertheless, sometimes, the literal interpretations contradict with the interests of the Parliament or the state. Therefore, in such case, judges can apply the golden interpretation where the meaning and sense of the literal rule can be modified.

Golden interpretation is very rare, and it is needed once in a blue moon. The reason is that laws have been passed very long ago and the latest matters of the state are different from that era.

The Mischief Interpretation

The last weapon for the judges and courts is the mischief interpretation. In this kind of interpretation, the judge attempts to reveal the intention of the legislator behind the legislation. Judge diagnosis the defect in the statute and picks a remedy for it. The Judge thinks which ruling will implement the remedy.  Mischief interpretation is very rare, and it is applied only in case of a defect in the law.

All in all, the law of interpretation is a method that is used by the courts to reveal the interpretation of the law. There are different kinds of rules that are followed by the courts to interpret the statutory orders to implement them in a true spirit.

 

Why Aren’t There War Crimes Charged in Syria?

It started with anti-government protests which turned into a civil war. Half a million Syrians have been affected by this tragedy. More than millions were forced to leave their homes due to the conflicts of the loyalists and opposition.

What happened on March 2011 changed the faith of Syria. Pro-democratic protests were started when teenagers were arrested and tortured when they painted revolutionary slogans on school walls, this triggered protest to evict the President from his office. When the opposition supporters started to uprise, a civil war was already onset.

The United Nations said that in June 2013, 90,000 people were killed, which rose to 250,000 in August 2015, cited by activists and the UN.

The small protest turned into a bigger battle which included regional as well as world powers. It also triggered the creation of jihadist group Islamic State (IS) to further aggravate the problem.

The people all over the world have witnessed the terrifying consequences of the war, from television news, up to the short clips found on various social media sites. People only have one thing in mind, “Why aren’t there war crimes charged in Syria?”

Several allegations were being charged to the Syrian President Bashar al-Assad, and there are a lot of clips and pieces of evidence to charge him and his commanders with war crimes – but why weren’t they charged yet?

The United Nations Security Council has urged the international community to act now. Crimes in Syria are worsening, especially when foreign fighters step in. The conflict becomes more militarized due to the presence of high-grade weapons.

Several world leaders have also called on the public to help Syria, stating that we must turn back on crimes and face justice for the lives that were taken.

One way to settle the dispute is turning to the International Crime Court in the United Nations. Unfortunately, Assad is protected by the international law, because Syria is not a state party to the ICC; therefore, the prosecutors do not have the right to judge or preside hearings committed in the country.  An ICC trial could heighten his cause more, as we saw the case of Moammar Gadhafi, where people are more determined to fight to the death when they put him on trial; especially they know that they, too, would be brought to jail.

If he is to be charged, Assad is not afraid of a trial, because it isn’t his “first concern.” He knows that if he turns his back on this problem, even for a section, he will lose the struggle. He knows that he might face international charges someday, but he will not be scared and must continue to defend his belief.

We will just keep monitoring actions in Syria, documenting every tragedy and intercepting military communication, and possibly interrupting his vengeful rampage. We hope when the time comes that Syrian President Bashar al-Assad and his senior commanders be put to trial, we have dozens of evidence that will put them straight to jail.

With all the tragedy going on it is important to have someone on your side to fight for your rights. Going to court alone can be a terrifying experience and its not one that most people can handle on their own with a Chicago divorce lawyer on your side you have someone who can speak for you and that knows the process of what a trial can incur.

You can always read more about healthcare provider errors with a simple search of the internet. If you are looking for specific information and feel that you may have a case to take to court you should seek the legal advice of an attorney as most offer free consultations.