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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 plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
The second law is offered as a simple observation in the same essay but its status as Clarke's second law was conferred by others. It was initially a derivative of the first law and formally became Clarke's second law where the author proposed the third law in the 1973 revision of Profiles of the Future, which included an acknowledgement. [4]
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
A different law is given this name in Niven's essay "The Theory and Practice of Time Travel": [1] If the universe of discourse permits the possibility of time travel and of changing the past, then no time machine will be invented in that universe. Hans Moravec glosses this version of Niven's Law as follows: [2]
The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...
The rules are based on the magic system Bonewits claimed to use in real life in his capacity as the Archdruid of Ár nDraíocht Féin. Bonewits presents 26 Laws of Magic which he explains "are not legislative laws but, like those of physics or of musical harmony, are practical observations that have been accumulating over the course of ...
Tax protesters, "commercial redemption" and "get out of debt free" scams claim that one's debts and taxes are the responsibility of the strawman and not of the real person. They back this claim by misreading the legal definition of person [4] and misunderstanding the distinction between a juridical person [5] and a natural person. [6]