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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 literal meaning rule – that if "Parliament's meaning is clear, that meaning is binding no matter how absurd the result may seem" [55] – has a tension with the "golden rule", permitting courts to avoid absurd results in cases of ambiguity.
This meaning of the phrase, which for Fowler is the original and clearest meaning, [1] is thought to have emerged from the legal phrase "exceptio probat regulam in casibus non exceptis" ("the exception proves the rule in cases not excepted"), [7] an argument attributed to Cicero in his defence of Lucius Cornelius Balbus.
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 ...
Literal may refer to: Interpretation of legal concepts: Strict constructionism; The plain meaning rule (a.k.a. "literal rule") Literal (mathematical logic), certain logical roles taken by propositions; Literal (computer programming), a fixed value in a program's source code; Biblical literalism; Titled works: Literal
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.
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the ...
Hence, the literal rule is qualified, and there is a rebuttable presumption that Parliament intended a mens rea to be a requirement in any section which creates an offense where the social stigma following conviction and the punishment available to be imposed show this to be a truly criminal offense.