According to Salmond, ‘interpretation and construction is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.’
- 1 What is interpretation and its purpose?
- 2 What are the three methods of interpretation?
- 2.1 What is the main purpose of interpreter?
- 2.2 What is the importance of construction in interpretation of statutes?
- 2.3 What are the four principles of interpretation?
- 2.4 What are rules of interpretation?
- 3 What are the essential for interpretation?
- 4 What is interpretation example?
- 5 What is the first step of interpretation?
- 6 Whats the definition of an interpreter?
- 7 Who is called an interpreter?
- 8 What is the difference between interpretation and definition?
What is interpretation and its purpose?
When your favorite band covers a classic tune, their version is their interpretation — their translation — of the music. Is it better than the original? That’s up for interpretation, Interpretation is the act of explaining, reframing, or otherwise showing your own understanding of something.
- A person who translates one language into another is called an interpreter because they are explaining what a person is saying to someone who doesn’t understand.
- Interpretation requires you to first understand the piece of music, text, language, or idea, and then give your explanation of it.
- A computer may produce masses of data, but it will require your interpretation of the data for people to understand it.
Definitions of interpretation
noun the act of interpreting something as expressed in an artistic performance synonyms: rendering, rendition see more see less types: reinterpretation a new or different interpretation spin a distinctive interpretation (especially as used by politicians to sway public opinion) type of: performance the act of presenting a play or a piece of music or other entertainment noun an explanation that results from interpreting something “the report included his interpretation of the forensic evidence” see more see less types: show 20 types. hide 20 types. exposition, expounding a systematic interpretation or explanation (usually written) of a specific topic construal an interpretation of the meaning of something; the act of construing clarification, elucidation, illumination an interpretation that removes obstacles to understanding eisegesis personal interpretation of a text (especially of the Bible) using your own ideas exegesis an explanation or critical interpretation (especially of the Bible) ijtihad the endeavor of a Moslem scholar to derive a rule of divine law from the Koran and Hadith without relying on the views of other scholars; by the end of the 10th century theologians decided that debate on such matters would be closed and Muslim theology and law were frozen literal interpretation an interpretation based on the exact wording version an interpretation of a matter from a particular viewpoint reading a particular interpretation or performance construction, twist an interpretation of a text or action reconstruction an interpretation formed by piecing together bits of evidence popularisation, popularization an interpretation that easily understandable and acceptable misinterpretation, mistaking, misunderstanding putting the wrong interpretation on philosophizing the exposition (often superficially) of a particular philosophy approximation an imprecise or incomplete account disambiguation clarification that follows from the removal of ambiguity letter a strictly literal interpretation (as distinct from the intention) imbroglio a very embarrassing misunderstanding misconstrual, misconstruction a kind of misinterpretation resulting from putting a wrong construction on words or actions (often deliberately) misreading misinterpretation caused by inaccurate reading type of: account, explanation a statement that makes something comprehensible by describing the relevant structure or operation or circumstances etc. noun an explanation of something that is not immediately obvious “the edict was subject to many interpretations ” synonyms: interpreting, rendering, rendition see more see less types: broad interpretation, judicial activism an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court) type of: explanation thought that makes something comprehensible noun a mental representation of the meaning or significance of something
What do you mean by interpretation how does it differ from construction?
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
What are the three methods of interpretation?
Interpretation has constantly been evolving depending on organizational needs. Unlike translation which focuses on written communication, interpretation is all about verbal communication. The three basic interpretation modes are simultaneous interpretation (SI), consecutive interpretation, and whispered interpretation.
What is the first main principle of interpretation?
The Primary Rule: Literal Interpretation – In construing Statutes, the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the Plain meaning rule, The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute.
The words in an enactment have their own natural effect and the construction of an act depends on its wording. There should be no additions or substitution of words in the construction of statutes and in its interpretation. The primary rule is to interpret words as they are. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e.
words should be simple so that the language is plain and only one meaning can be derived out of the statute. To avoid ambiguity, legislatures often include “definitions” sections within a statute, which explicitly define the most important terms used in that statute.
But some statutes omit a definitions section entirely, or (more commonly) fail to define a particular term. The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. Proponents of the plain meaning rule claim that it prevents courts from taking sides in legislative or political issues.
They also point out that ordinary people and lawyers do not have extensive access to secondary sources. In probate law the rule is also favoured because the testator is typically not around to indicate what interpretation of a will is appropriate. Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning.
- It can help to provide for consistency in interpretation.
- One criticism of the rule is that it rests on the erroneous assumption that words have a fixed meaning.
- In fact, words are imprecise, leading justices to impose their own prejudices to determine the meaning of a statute.
- However, since little else is offered as an alternative discretion-confining theory, plain meaning survives.
Case Law: In Municipal board v. State transport authority, Rajasthan, the location of a bus stand was changed by the Regional Transport Authority. An application could be moved within 30 days of receipt of order of regional transport authority according to section 64 A of the Motor vehicles Act, 1939.
What is the process of interpretation?
Interpreting (ASTM) ‘ The process of first fully understanding, analyzing, and processing a spoken or signed message and then faithfully rendering it into another spoken or signed language. ‘ In other words, interpreting converts the meaning of the source language into the target language.
What is the main purpose of interpreter?
The role of an interpreter is to bridge the communication gap between two or more parties who do not speak the same language. The interpreter must: Be impartial. The interpreter cannot help you or the other side.
What is the importance of construction in interpretation of statutes?
The cardinal rule of construction of a statute is to read it literally, which means by giving to the words used by the legislature their ordinary, natural and grammatical meaning. If such reading leads to absurdity and the words are susceptible of another meaning, the court may adopt the same.
What is the literal rule of construction and interpretation?
The Literal Rule means that the words need to be interpreted in the strict ordinary meaning and the scope of words should not be considered more than its ordinary meaning. The words are to be understood in their ordinary and natural meaning unless the object of the statute suggests otherwise4.
What is the importance of the interpretation of construction drawings?
The Importance of Construction Drawings in Every Building Design | Greenway Hirst Page Pty Ltd 29 April 2021 Construction Drawings can be defined as the building drawings doled out by the architect to pass on his idea, thoughts, construction subtleties and other details needed on the site so the project worker can execute the design according to the defined determinations.
- It additionally goes about as a record for the customer for his existing building.
- Construction drawing is the overall term utilised for drawings that structure part of the building information that is incorporated into delicate documentation and afterwards the agreement archives for the construction works.
This implies they have lawful importance and structure as part of the understanding between the business and the contractor. Construction Drawings Give a Realistic Portrayal of the Project The main motivation behind construction drawings is to give a realistic portrayal of what is to be assembled.
- Construction drawings ought to be succinct and coordinated to keep away from, at every possible opportunity, uncertainty and disarray.
- Deferrals and misunderstandings can be minimised by appropriately coordinating the drawings.
- Construction Drawings Provide the Specifications Specifications will detail the materials, principles, procedures, etc needed to complete the works.
Construction drawings give the graphical portrayal, indicating the course of action of parts, detailing, measurements, etc. They may now and again contain a portion of the information set out in details, yet this ought to stay away from, if conceivable, by referring to determinations rather than duplicating information.
Where there is a hybrid, care should be taken to guarantee appropriate coordination so there is no disarray. If there is a difference between the two, the details will in general overshadow the drawings. Once in a while, in a rush to finish the construction interaction of a task, architects may zero in less on the detailing cycle of the venture on the drawings, in any case, this may prompt a further deferral in the construction cycle and an increase in the assessed spending plan because of insufficient instructions defined by the construction drawings.
This will prompt spending additional time on the construction site to define the particulars for legitimate execution. Construction Drawings Ensure Smooth and Appropriate Execution The importance of construction drawing lies in the appropriate and smooth execution of the construction work on the site.
On the off chance that insufficient information is conferred by these drawings, it may prompt a hampered design execution. Before assigning the blueprints on the site, every construction drawing should be checked and confirmed by the concerned designer just as the other specialised individuals involved in the improvement of particular drawings to forestall further accidents and deferrals on the construction site.
The understanding of construction drawing images assumes a significant part in decoding the doled out construction drawing plans and other drawings on the construction site. A bunch of standard construction images have been defined throughout the years to portray a few instructions on the building drawings which are normally utilised and perceived by any individual worried about the construction industry.
- Every single line on the engineering drawings portrays something specifically which should be seen appropriately and executed nearby according to the defined instruction.
- A point by point information on the compositional and construction images is important to comprehend and help the execution on the site by the concerned chiefs.
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What are the four principles of interpretation?
What Are the Basics of Bible Study? By John MacArthur There is nothing more important for the Christian than to seek Jesus, hear from Him, obey Him, and proclaim Him daily. Few people that I know of have been more faithful in doing these four things than Pastor John MacArthur in our generation.
Therefore, who better to write about on how to study the Bible than someone who has been doing it with great passion and great effectiveness for over fifty years. Enjoy this article by Pastor John MacArthur. – Dr. David P. Craig Personal Bible study, in precept, is simple. I want to share with you 5 steps to Bible study which will give you a pattern to follow: STEP 1—Reading.
Read a passage of Scripture repeatedly until you understand its theme, meaning the main truth of the passage. Isaiah said, “Whom will he teach knowledge? And whom will he make to understand the message? Those just weaned from milk? Those just drawn from the breasts? For precept must be upon precept, precept upon precept, line upon line, here a little, there a little” (Is.28:9,10).
Develop a plan on how you will approach reading through the Bible. Unlike most books, you will probably not read it straight through from cover to cover. There are many good Bible reading plans available, but here is one that I have found helpful. Read through the Old Testament at least once a year. As you read, note in the margins any truths you particularly want to remember, and write down separately anything you do not immediately understand.
Often as you read you will find that many questions are answered by the text itself. The questions to which you cannot find answers become the starting points for more in-depth study using commentaries or other reference tools. Follow a different plan for reading the New Testament.
- Read one book at a time repetitiously for a month or more.
- This will help you to retain what is in the New Testament and not always have to depend on a concordance to find things.
- If you want to try this, begin with a short book, such as 1 John, and read it through in one sitting every day for 30 days.
At the end of that time, you will know what is in the book. Write on index cards the major theme of each chapter. By referring to the cards as you do your daily reading, you will begin to remember the content of each chapter. In fact, you will develop a visual perception of the book in your mind.
- Divide longer books into short sections and read each section daily for 30 days.
- For example, the gospel of John contains 21 chapters.
- Divide it into 3 sections of 7 chapters.
- At the end of 90 days, you will finish John.
- For variety, alternate short and long books, and in less than 3 years you will have finished the entire New Testament—as you will really know it! STEP 2—Interpreting.
In Acts 8:30, Philip asked the Ethiopian eunuch, “Do you understand what you are reading?” Or put another way, “What does the Bible mean by what it says?” It is not enough to read the text and jump directly to the application; we must first determine what it means, otherwise the application may be incorrect.
As you read Scripture, always keep in mind one simple question: “What does this mean?” To answer that question requires the use of the most basic principle of interpretation, called the analogy of faith, which tells the reader to “interpret the Bible with the Bible.” Letting the Holy Spirit be your teacher (1 John 2:27), search the Scripture He has authored, using cross-references, comparative passages, concordances, indexes, and other helps.
For those passages that yet remain unclear, consult your pastor or godly men who have written in that particular area. Errors to Avoid – As you interpret Scripture, several common errors should be avoided. Do not draw any conclusions at the price of proper interpretation.
That is, do not make the Bible say what you want it to say, but rather let it say what God intended when He wrote it. Avoid superficial interpretation. You have heard people say, “To me, this passage means,” or “I feel it is saying.,” The first step in interpreting the Bible is to recognize the four gaps we have to bridge: language, culture, geography, and history (see below).
Do not spiritualize the passage. Interpret and understand the passage in its normal, literal, historical, grammatical sense, just like you would understand any other piece of literature you were reading today. Gaps to Bridge – The books of the Bible were written many centuries ago.
- For us to understand today what God was communicating then, there are several gaps that need to be bridged: the language gap, the cultural gap, the geographical gap, and the historical gap.
- Proper interpretation, therefore, takes time and disciplined effort.
- The Bible was originally written in Greek, Hebrew, and Aramaic.
Often, understanding the meaning of a word or phrase in the original language can be the key to correctly interpreting a passage of Scripture. Culture, The culture gap can be tricky. Some people try to use cultural differences to explain away the more difficult biblical commands.
Realize that Scripture must first be viewed in the context of the culture in which it was written. Without an understanding of first-century Jewish culture, it is difficult to understand the gospel. Acts and the epistles must be read in light of the Greek and Roman cultures. Geography, A third gap that needs to be closed is the geography gap.
Biblical geography make the Bible come alive. A good Bible atlas is an invaluable reference tool that can help you comprehend the geography of the Holy Land. History, We must also bridge the history gap. Unlike the scriptures of most other world religions, the Bible contains the records of actual historical persons and events.
An understanding of Bible history will help us place the people and events in it in their proper historical perspective. A good Bible dictionary or Bible encyclopedia is useful here, as are basic historical studies. Principles to Understand Four principles should guide us as we interpret the Bible: literal, historical, grammatical, and synthesis.
The Literal Principle, Scripture should be understood in its literal, normal, and natural sense. While the Bible does contain figures of speech and symbols, they were intended to convey literal truth. In general, however, the Bible speaks in literal terms, and we must allow it to speak for itself.
- The Historical Principle,
- This means that we interpret in its historical context.
- We must ask what the text meant to the people to whom it was first written.
- In this way we can develop a proper contextual understanding of the original intent of Scripture.
- The Grammatical Principle.
- This requires that we understand the basic grammatical structure of each sentence in the original language.
To whom do the pronouns refer? What is the tense of the main verb? You will find that when you ask some simple questions like those, the meaning of the text immediately becomes clearer. The Synthesis Principle. This is what the Reformers called the analogia scriptura.
- It means that the Bible does not contradict itself.
- If we arrive at an interpretation of a passage that contradicts a truth taught elsewhere in the Scriptures, our interpretation cannot be correct.
- Scripture must be compared with Scripture to discover its full meaning.
- STEP 3—Evaluating.
- You have been reading and asking the question, “What does the Bible say?” Then you have interpreted, asking the question, “What does the Bible mean?” Now it is time to consult others to insure that you have the proper interpretation.
Remember, the Bible will never contradict itself. Read Bible introductions, commentaries, and background books which will enrich your thinking through that illumination which God has given to other men and to you through their books. In your evaluation, be a true seeker.
Be one who accepts the truth of God’s Word even though it may cause you to change what you always have believed, or cause you to alter your life pattern. STEP 4—Applying. The next question is: “How does God’s truth penetrate and change my own life?” Studying Scripture without allowing it to penetrate to the depths of your soul would be like preparing a banquet without eating it.
The bottom-line question to ask is, “How do the divine truths and principles contained in any passage apply to me in terms of my attitude and actions?” Jesus made this promise to those who would carry their personal Bible study through to this point : “If you know these things, blessed are you if you do them” (John 13:17).
- Having read and interpreted the Bible, you should have a basic understanding of what the Bible says, and what it means by what it says.
- But studying the Bible does not stop there.
- The ultimate goal should be to let it speak to you and enable you to grow spiritually.
- That requires personal application.
- Bible study is not complete until we ask ourselves, “What does this mean for my life and how can I practically apply it?” We must take the knowledge we have gained from our reading and interpretation and draw out the practical principles that apply to our personal lives.
If there is a command to be obeyed, we obey it. If there is a promise to be embraced, we claim it. If there is a warning to be followed, we heed it. This is the ultimate step: we submit to Scripture and let it transform our lives. If you skip this step, you will never enjoy your Bible study and the Bible will never change your life.
STEP 5—Correlating. This last stage connects the doctrine you have learned in a particular passage or book with divine truths and principles taught elsewhere in the Bible to form the big picture. Always keep in mind that the Bible is one book in 66 parts, and it contains a number of truths and principles, taught over and over again in a variety of ways and circumstances.
By correlating and cross-referencing, you will begin to build a sound doctrinal foundation by which to live. What Now? The psalmist said, “Blessed is the man who walks not in the counsel of the ungodly, nor stands in the path of sinners, nor sits in the seat of the scornful; But his delight is in the law of the Lord, and in His law he meditates day and night” (Ps.1:1,2).
It is not enough just to study the Bible. We must meditate upon it. In a very real sense we are giving our brain a bath; we are washing it in the purifying solution of God’s Word. “This Book of the Law shall not depart from your mouth, but you shall meditate in it day and night, that you may observe to do according to all that is written in it.
For then you will make your way prosperous, and then you will have good success ” (Joshua 1:8).
Here is the spring where waters flow, To quench our heat of sin: Here is the tree where truth doth grow, To lead our lives therein: Here is the judge that stints the strife, When men’s devices fail: Here is the bread that feeds the life, That death cannot assail. The tidings of salvation dear, Comes to our ears from hence: The fortress of our faith is here, And shield of our defense. Then be not like the swine that hath A pearl at his desire, And takes more pleasure from the trough And wallowing in the mire. Read not this book in any case, But with a single eye: Read not but first desire God’s grace, To understand thereby. Pray still in faith with this respect, To bear good fruit therein, That knowledge may bring this effect, To mortify thy sin. Then happy you shall be in all your life, What so to you befalls: Yes, double happy you shall be, When God by death you calls. (From the first Bible printed in Scotland—1576)
Adapted from the “Introduction” to John MacArthur. ESV MacArthur Study Bible, Wheaton: Crossway Books, 2010. About the Author: Dr. John MacArthur is the pastor-teacher of Grace Community Church in Sun Valley, California. Grace Church has grown from 450 members in 1969, when MacArthur accepted the pastorate, to over 12,000 today.
He is also the president of The Master’s College and Seminary in Newhall, California, a prolific author of more than two dozen books, and the speaker on the worldwide radio broadcast, Grace to You, heard over 700 times daily–every half hour, day and night, somewhere around the world. The primary emphasis of MacArthur’s ministry has always been the expository preaching and teaching of God’s Word through a verse-by-verse exposition of the Scripture.
His studies pay particular attention to the historical and grammatical aspects of each biblical passage. MacArthur’s recently published book, How to Get the Most from God’s Word, released in conjunction with The MacArthur Study Bible, is designed to fill what he sees as ” an increased hunger for the meat of the Word,” He assures the reader that the Bible is trustworthy and that an understanding of Scripture is available to everyone.
- He then provides guidance on how to study the Bible and how to discern the meaning of Scripture for oneself. Dr.
- MacArthur explains that the book and the Study Bible have been “in the works for 30 yearsthe product of 32 hours a week, 52 weeks a yeardedicated to the study of God’s Word.” He asserts that “God’s Word is the only thing that satisfies my appetite, but it also arouses an even deeper hunger for more.” Among MacArthur’s other books are The MacArthur New Testament Commentary series, The Gospel According to Jesus, The Master’s Plan for the Church, Saved Without a Doubt, The Glory of Heaven, Lord Teach Me to Pray, Unleashing God’s Word in Your Life, Safe in the Arms of God, The Second Coming, Why One Way?, and Truth for Today, and Slave: The Hidden Truth About Your Identity in Christ,
His books have been translated into Chinese, Czechoslovakian, French, Finnish, Hungarian, Korean, Polish, Romanian, Spanish, and several Indian languages. Though occasionally viewed by some groups as a controversial figure for strong critiques of freudian psychology, trends in the modern charismatic movement as well as the self-esteem movement, John MacArthur is seen by many as a champion of correcting many of the ills of evangelical Christianity.
He is also a champion of helping believers grow stronger in their relationship with God through the committed study of the Word and personal commitment to the local church. MacArthur spent his first two years of college at Bob Jones University, completed his undergraduate work at Los Angeles Pacific College, and studied for the ministry at Talbot Theological Seminary.
John and his wife, Patricia, live in Southern California. They have four grown children — Matt, Marcy, Mark, and Melinda–and eight grandchildren. : What Are the Basics of Bible Study? By John MacArthur
What are rules of interpretation?
Rules of Interpretation of Statutes Interpretation of statute is one important task assigned to the courts by which they interpret the statute or law when there is question of law comes to it which is not precisely answered in the statute, and its lead to ambiguity and superficiality in the application of the law.
- Courts uses their analytical reasoning and due diligence to find intent of the legislation by which there can be proper interpretation of the law.
- The intent of the legislature behind passing the statute helps the court in interpreting the statute.
- The intent of the legislation is to be seen from very wide perspective and many points it needed to be considered such as reason for legislation, object and purpose of legislation, priority area of legislation, class of people on which legislation must be applied.
The intention behind the legislature in passing the law can be the determining factor in proper interpretation of the law. In Pitches v. Kenny, it was said that: “The object of an Act and its intent, meaning and spirit can only be ascertained from the term of the Act itself.” In finding the intent of legislation the court must find natural meaning of the word used in the legislation and what is overall context and scope of the word occur in the legislation and any other phrase in the legislation which can throw light to the fact.
- There is well settled and established Principal of law that Statute must be read in its whole context and not merely by reading the text of a particular section of the Act. The intention of legislature behind enacting an Act or Statute can be ascertained by reading the whole text of the statute and the context in which word has been used in the Act. Maxwell states that the expression “reading word in their context” as two aspects:
- The external aspect: reading of statute or the Act must not be in isolation but in its whole context such as class of people affected by the act, historical context, parliamentary debates on the statute, parliamentary publication such as reports of the committee’s which preceded the legislation, conventions, and international laws on the subject.
- The statutory aspect: it is established rule that interpretation must be of all parts together, not of one part itself and other part in that context only.
In the case of Balsinor Nagrik Co-op. Bank Ltd.V. Babubhai S Pandya it was held by the Hon’ble Supreme court that: It is an elementary rule that construction of a statute is to be made all parts together. It is not permissible to omit any part of it. For the principal that the statute must be read as a whole is equally applicable to different parts of the same section.
- The legal maxim “ut res magis valeat quam pereat” means is it is better for a thing to have an effect than to be made void. Based on it this maxim it is established that court should validate a statute passed by legislature rather than making it void as there should be some purpose and object and reason for passing the Act by legislature, so it is better to validate a statute rather than making it null and void. If there is some ambiguity and enigma in statute courts strive to give it meaning rather that.
- The principal of harmonious construction is construction to maintain the harmony or oneness among various provision of statute. The idea behind the rule of harmonious construction is that the legislature never intends to contradict itself by providing incompatible or conflicting provisions in the same Act or Statute. This rule is applicable when two sections of the same statute contradict themselves and are repugnant. The court should try to rule in such a way that both sections harmonize with each other. In the case of Krishna Kumar v. State of Rajasthan it was observed that if there is clear self-contradiction into sections of the same act, the rule of harmonious construction is applied to avoid any clash between two provisions of the same Act. It cannot be assumed that Parliament has given with one-hand and take it from other hand. Two provisions of the same statute cannot be contradicted itself. In the case of CIT v. Hindustan Bulk Carriers the Hon’ble Supreme Court has laid down following points to be considered for harmonious construction:
- It is duty of the court to keep away from two-seemingly contradicting sections of the Act and try to harmonize them unless
- the court must not use one section of the Act to defeat the provision of other section of the same Act unless there is no other way despite all there, they are not able avoid without the same.
- If it is impossible to completely reconcile two conflicting provision of the same statute then, if possible, it should interpret in such as to give effect to both provision of the Statute.
- The court must keep in mind when that interpretation of the courts reduces the one provision of the Act to the “dead letter” or “useless provision” it is not harmonious construction.
- To harmonize is not to reduce any provision of the statutory provision.
There are three principles rules of Interpretation of Statutes. These are:
- The rule of literal construction is considered to be the primary rule of interpretation. It is one of the rules in which grammatical meaning of the word or phrase is used and this rule is also called the grammatical rule of interpretation. Under this rule the court try to interpret Statute on the literal, ordinary, popular, and common meaning of the word and phrases. This rule postulates that it is duty of the court to expound the law as it stands and not to modify, alter or quantify its language. In the case of Cartledge v. Japling (E.) & Sons it was held by court that were by use of clear and unequivocal language of only one meaning, anything is enacted by the legislature, it must be enforced however harsh or absurd or contrary to common sense the result may be. The literal rule of statutory interpretation regards that if meaning of the word is plain and simple court should apply it regardless of the result. In Sutters v. Biggs Lord Birkenhead said that “It is duty of the court is to expound the law as it is stands to leave the remedy two others. The rule of literal interpretation based on the legal maxim “verbis legis non est recelendum” which means from the word of law there is no departure. Because the purpose of the statute is stated in the statute, the court’s primary duty is to not change the language of the Act if it is clear and unambiguous, and the effect of the statute should be given. The reason for such a maxim is that the Parliament, as the supreme law-making body, should know what it intends in the statute. The meaning of a statute can also be affected by the context, as in the legal maxim noscitur a sociis, which means the meaning of an unclear and ambiguous word should be determined by the context with which it is associated. Courts sometimes interpret a word or phrase in the context in which it is used in the statute. The rule of literal construction can be understood in the following terms: Plain and natural meaning: In the literal interpretation of statute plain and natural meaning of word or phrases to be referred in the case of legal word or phrase their legal meaning to be referred. Sometimes the popular meaning of the word may not be the natural meaning of the word or phrase, but the natural meaning must be referred to. In the case of Municipal Board v. State Transport Authority, Rajasthan the location of bus stand by changed by the local transport authority. Application against the order must be moved within 30 days from the date of the order. The issue raised be applicant is that the order can be moved 30 days from the knowledge of the order passed by Regional Transport authority. The Hon’ble Supreme Court held that the since the language of the statute is plain and unambiguous equitable consideration are out of place and clear grammatical meaning of the statute stand out.
- Meaning to be ascertained by the reference to context
- Construction of ordinary words in their popular sense
- Technical words in their technical sense
The literal rule requires that words be understood first in their plain, natural, ordinary meaning with reference to the context in which they are used. Meaning is to be arrived at by reading words in their context. The word or phrases used in the legislation should be used in their popular sense.
- Popular sense” means that sense which people who are familiar with and have knowledge or experience of the facts or rule with which the statute is dealing would attribute to it.
- In the case of Mukesh Aggarwal & Co.v.
- State of M.
- P Hon’ble Supreme Court observed that “the common commercial sense of the words and not their scientific or technical sense is to be adopted for our merchants and not supposed to be naturalists, botanist, or geologist.
When words or phrases have their technical or legal meaning attached to them, they should be interpreted according to the primary meaning that is technical or legal meaning attached to it. Some words acquire a special or technical meaning that becomes popular in the context of the concerned business, trade, or profession, art, or science, and that meaning becomes normal or popular in that context over time.
- That the special meaning acquired by the word or phrase must be understood as a whole and not as a portion of only the concerned profession or business.
- The special meaning acquired by the word must be in vogue at the time of drafting the statute.
In the case of Union of India v. Delhi Cloth and General Mills it was held by the Hon’ble Supreme Court that evidence to show that special meaning has been acquired by the word in business or industry is admissible in courts. This rule is seen as primary rule of interpretation. It has been used not only by courts in England, where it originated, but also by courts around the world. The rule of literal interpretation is considered one of the oldest rules. Legislation should be drafted in such a way that the original and natural meaning of the words and phrases to be referred to is preserved. Courts must only change the word’s or phrase’s meaning when the original word creates ambiguity and uncertainty; otherwise, they must stick to their literal meaning.
- Parke B had in Becke v. Smith formulated the rule as follow “It is very useful rule, in the construction of a statute, to adhere to the ordinary meaning of the word used, and to the grammatical construction, unless that is at variance with the intention of the legislature to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in which the language may be varied or modified, so as to avoid such inconvenience but no further.” The Golden Rule of Interpretation is a modified version of the Literal Rule of Interpretation. When the words or phrases of the statute do not fit with their natural meaning and create absurdity, uncertainty, or are superficial, the golden rule of interpretation is adhered to. In the words of Maxwell, “The so-called golden rule of interpretation is nothing but a modification of the literal rule of interpretation.” This rule is also considered the modifying method of interpretation. Sometimes a statute isn’t clear and has anomalies and absurdities; at that time, the golden rule must be applied with due caution and care to avoid any uncertainty and inconvenience or to complete justice and arrive at the correct interpretation, which would bring about the true meaning of the language and give effect to the real intention of the legislature behind passing the statute.
- Mischief means ” Voluntarily cause injury or loss to someone ” Mischief rule is a rule of interpretation to prevent misuse of provisions of the statute. Mischief rule is framed to avoid any mischief added by the statute. This rule is so interpreted that any mischief in statute must be avoided and object and purpose of passing the act by the legislature is attained. In Kanailal Sur v. Paramnidhi Sadhu Khan it was observed by Hon’ble Supreme Court that “this rule is most helpful in the interpretation of statutes when the language of the statute is capable of more than one meaning” Lord Coke in Heydon case decided four criteria on which the mischief rule is constructed:
- What was the common law prevailing before passing of the Act?
- What was the mischief and defect for which the common law did not provide,
- What remedy the Parliament was provided to remove the defect
- What is actual reason for the remedy?
The rule of mischief is also considered to be purposive interpretation of statute as consideration of mischief may lead to wider or narrow interpretation of statute. In the case of Pyarelal v. Ramchandra Mahadev accused was charged with using artificial sweetener in the supari for sweetening. Accused argued that supari does not come under the category of food under Food Adulteration Act, 1954. Hon’ble Supreme Court set aside the argument of Accused and held that supari comes in the category of food in the Act. Supreme court interpreted the Act in such a way to prevent mischief and advance the remedy.
Conclusion Parliament is the supreme law-making body and is assigned the very important task of drafting and implementing the law in the country. It is their duty to ensure that the statute is drafted in such a way that there are no chances of ambiguity and laxity.
- But when there is some ambiguity in the statute courts must interpret the statute in such a way as to be consistent with the intention and purpose of the legislature in passing the Act.
- Courts must not cross their limits in the name of judicial review to give very wide or narrow interpretations of the statute.
It must secure the supremacy of Parliament in making laws, and courts must only act as supervisors of various laws passed by the Legislature. When the Statute has any absurdity and creates injustice, then only courts should give wide interpretation to only fulfill the purpose of passing the Statute by legislature.
- Maxwell’s Interpretation of Statute
- Deepak Jain, Interpretation of Statutes: A treatise
- Interpretation of Statute by Justice A.K. Srivastava
- All About Interpretation of Statutes By: Nishita Kapoor
- Literally Interpretation the Law- A Appraisal of the Literal rule of Interpretation of Statutes
- Interpretation of Statutes: A Complete study to an aids to interpretation
- AIR (1987) SC 849
- 1991 4 SCC 258, 267
- AIR 2002 SC 3491
- (1922) 1 A.C.1
- AIR 1965 SC 458
- AIR 1988 SC 563
- AIR (1963) SC 791
- AIR 1957 SC 905
- AIR 1974 SC 223
What are the essential for interpretation?
Course Description – Are you a bilingual person interested in increasing your effectiveness as a communicator? Are you already a translator/interpreter? This class introduces the field of interpreting, all the processes associated with interpretation: listening, short-term memory, semantic equivalence, visual and auditory processing.
Emphasis is placed on developing skills necessary to generate equivalent messages between Spanish and English. Topics include specialized jargon, code of ethics and protocol associated with various settings. Now you can acquire an in-depth understanding of the basic concepts and theories to help you to communicate better in English and in Spanish while training your interpreting skills in a real working environment.
Students are asked to review materials in Canvas prior to the first meeting, as they will be discussed in the first class. Please log in to your Canvas account. The course site will be available 7 days prior to the first face to face meeting. Instructions for logging in will be provided in enrollment confirmation.
Be notified when this class becomes available! Name Email Details $595 October 30, 2018 to December 04, 2018 Delivery Mode: UC Irvine Campus Reg#: 00698 ID/Units: SPANISH X426 (3.00) ( Section 1 ) Quarter: FALL 2018
Which is the best rule of interpretation?
The golden rule of interpretation and construction is important because enables the judge to modify the meaning of terms that have an absurd or anomalous interpretation. Doing so ensures that the aptest meaning is applied to the case at hand and any kind of absurdity is removed.
What is interpretation example?
Interpretation noun (EXPLANATION) an explanation or opinion of what something means: The dispute is based on two widely differing interpretations of the law. The rules are vague and open to interpretation. It is difficult for many people to accept a literal interpretation of the Bible. More examples.
What is the first step of interpretation?
By Wayne McDill The word interpret can be used to mean “to understand,” “to translate,” or “to explain.” These three functions of the interpretive process are also appropriate for preaching. First, we seek to understand what the text is saying, Then we translate that information into the intended theological message,
Finally, we explain that message to the congregation, The interpreter needs to have a working knowledge of basic principles of interpretation. These hermeneutical principles are like the tricks of the trade for an interpreter. They guide us in our examination of the text so that our work is kept within the bounds of legitimate hermeneutics.
The assumption behind these principles is that, properly handled, the text will disclose its meaning to the interpreter. Interpreting the Bible— hermeneutics —is the science and art of understanding, translating, and explaining the meaning of the Scripture text.
What is the process of interpretation of a message?
Decoding is the process of interpreting the messages received from others.
Whats the definition of an interpreter?
Interpreter noun (BETWEEN LANGUAGES) someone whose job is to change what someone else is saying into another language : She works as an interpreter in Brussels. Speaking through an interpreter, the president said the terms of the ceasefire were completely unacceptable.
What is the role of interpreter in communication?
What is an interpreter? – An interpreter is a qualified professional who enables communication between people who speak or sign a different language. Interpreters take a spoken or sign language and convert it accurately and objectively into another language to enable communication between two parties who do not share a common language.
- A translator on the other hand only deals with written information.
- Interpreters interpret everything that is said or signed and must not add, modify or exclude information.
- This means they will interpret statements even if they are incoherent, nonsensical or unclear in the original language.
- Interpreting is not always word-for-word because some concepts may not exist in other languages and thus may need further explaining.
An interpreter should possess training in interpreting and a formal credential. Interpreters play a critical role in delivering services to people with limited English, Deaf people and people who are Deafblind. Interpreter services can be delivered in person or by telephone or videoconferencing.
Who is called an interpreter?
Noun.1. a person who interprets ; specif., a person whose work is translating a foreign language orally, as in a conversation between people speaking different languages.2. a computer program that translates and executes, statement by statement, a program written in a high-level language.
What do you mean by interpretation?
Transitive verb. : to explain or tell the meaning of : present in understandable terms.
What does the word mean interpretation?
Interpretation noun (EXPLANATION) an explanation or opinion of what something means : The dispute is based on two widely differing interpretations of the law. The rules are vague and open to interpretation. It is difficult for many people to accept a literal interpretation of the Bible.
What is meant by interpretation of contracts?
Interpretation of a contract is the determination of the meaning of the terms or words used by the parties in their contract.
What is the difference between interpretation and definition?
Definitions, in one sense of the term, are roughly descriptions or explana- tions of the meaning of words. But interpretations are in a way much the same sort of thing, but there is a difference. Interpretations are without any of that sense of a fixed sense of final determination that we expect from definitions.