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A text that means one thing in a legal context, might mean something else if it were in a technical manual or a novel. So the plain meaning of a legal text is something like the meaning that would be understood by competent speakers of the natural language in which the text was written who are within the intended readership of the text and who ...
Germans prefer a "grammatical" (literal) interpretation, because the statutory text has a democratic legitimation, and "sensible" interpretations are risky, in particular in view of German history. "Sensible" means different things to different people. The modern, common-law perception that courts actually make law is very different.
Purposivism is the perspective of statutory interpretation in which the judges should construe statutes to execute their legislative purpose. Textualism is the perspective of statutory interpretation in which the courts should read the words of that statutory text as any ordinary member of congress would have read them. [13] [full citation needed]
The solution adopted in many countries is to organize existing statutory law in topical arrangements (or "codified") within publications called codes, then ensure that new statutes are consistently drafted so that they add, amend, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative ...
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
Attempting to capitalize on the possibility that the text of the United States Code can differ from the United States Statutes at Large, Bancroft-Whitney for many years published a series of volumes known as United States Code Service (USCS), which used the actual text of the United States Statutes at Large; the series is now published by the ...