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.

 

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