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However, use of the literal rule may defeat the intention of Parliament. For instance, in the case of Whiteley v. Chappel, [10] the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating "any person entitled to vote" at an election, because the person he impersonated was dead. Using a literal construction ...
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.
Cartoon by James Gillray satirizing Sir Francis Buller, 1782: "Judge Thumb; or, Patent Sticks for Family Correction: Warranted Lawful!". A modern folk etymology [14] relates the phrase to domestic violence via an alleged rule under English common law which permitted wife-beating provided that the implement used was a rod or stick no thicker than a man's thumb. [6]
The exception proves the rule is a phrase that arises from ignorance, though common to good writers. The original word was preuves, which did not mean proves but tests. [4] In this sense, the phrase does not mean that an exception demonstrates a rule to be true or to exist, but that it tests the rule, thereby proving its value.
Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School.
The Republican National Committee (RNC) voted Friday to make former president Donald Trump's ally, Michael Whatley, its new chair. Yahoo News explains who he is, along with other new leadership ...
That the mischief rule can produce different outcomes than those that would result if the literal rule were applied is illustrated by Smith v Hughes [1960] 2 All E.R. 859. Under the Street Offences Act 1959 , it was a crime for prostitutes to "loiter or solicit in the street for the purposes of prostitution".
In a lengthy “New Rules” segment on Friday on “Real Time With Bill Maher,” the talkshow host laid into Chappell Roan, addressing an open letter to the singer and her political statements.