Nobody downloaded yet

Golden Rule, The Mischief Rule and The Literal Rule of Statutory Interpretation - Essay Example

Comments (0) Cite this document
This research begins with the statement that Golden Rule or British Rule of statutory interpretation gives authority to the judge to dismiss the literal meaning of a word in order to prevent passing an illogical ruling. A golden rule is a compromise between the literal and the mischief rule…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.3% of users find it useful
Golden Rule, The Mischief Rule and The Literal Rule of Statutory Interpretation
Read TextPreview

Extract of sample "Golden Rule, The Mischief Rule and The Literal Rule of Statutory Interpretation"

Download file to see previous pages An example where Golden Rule was applied was the Sigsworth, Re, Bedford vs Bedford. In this case, a son has murdered his mother who was yet to make a will. Under the Section 46 of the Administration of Estates Act 1925, there should be inheritor and in this case, the son was the sole issue, therefore, he should have inherited the mother’s property. However, the judge ruled under the golden rule and the son did not receive the inheritance. This is because it would have been illogical to give the inheritance to the son as he murdered his mother and would have been benefited by committing a crime. Mischief Rule Mischief Rule of statutory interpretation gives authority to the judge to contain the mischief in the crime and apply it in instances where there occurs an ambiguity in the law. Thus this rule aims to understand the mischief and also to lay down a solution which would correct the situation if implemented. A popular case that came under the Mischief rule was Smith vs. Hughes. In this case, prostitutes were charged for recruiting clients from a public place while within the confines of a private area, which were the windows that overlooked the street. Under the Street Offences Act of 1959, it is illegal to attract clients with the intention of offering sex services on streets. The defendants pleaded that they had not attracted clients on the streets but were within their own homes. However, the judge found them guilty since the prostitutes had mischief on their mind and were, in fact, taking clients from the streets. Literal Rule Literal Rule as the name suggests allows the judge to give out a ruling by taking into account the literal meaning of the word since they do not affect the ruling of the case. The judge, in this case, does not have to consider the meaning or the implications behind words or sentences such as in the case of the previous laws. This is usually the most preferred rule of statutory interpretation. An example of this is the R Vs Harris case under which the defendant harmed the victim by biting his nose. Since the law considers stabbing, cutting or wounding a person through an instrument as a crime, therefore the defendant was acquitted since he did not commit the crime in the literal sense. Application In normal circumstances, the literal rule is first applied before considering any other approach. When a different approach is taken, a significant reason should be presented as to why the Golden or the Mischief rule had been applied. ‘After 45 years in litigation, I have seen so much money spent, stress caused and delay encountered. Reaching settlement at the door of the court is entirely unsatisfactory’. Sir Henry Brooke in ‘Mediation; Lawyers still need convincing’, Law Gazette (18th September 2008).  Alternative Dispute Resolution (ADR) ADR is an acronym for Alternative Dispute Resolution. Under ADR, the dispute is resolved by allowing the conflicting parties to come to an agreement without having to go through the process of filing a case against the defendant. In this system, the dispute is resolved with or without the presence of a third party. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Golden Rule, The Mischief Rule and The Literal Rule of Statutory Essay”, n.d.)
Golden Rule, The Mischief Rule and The Literal Rule of Statutory Essay. Retrieved from
(Golden Rule, The Mischief Rule and The Literal Rule of Statutory Essay)
Golden Rule, The Mischief Rule and The Literal Rule of Statutory Essay.
“Golden Rule, The Mischief Rule and The Literal Rule of Statutory Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Golden Rule, The Mischief Rule and The Literal Rule of Statutory Interpretation

Exclusionary rule

...TOPIC: Should the exclusionary rule be abolished position and supporting argument. Exclusionary Rule get constitutional root in 1921 as a result supreme court ruling in a case of Gouled vs United State. The Court rule, that government can seize contraband but can not seize property simply to use it as evidence. Therefore, we can define exclusionary rule according legal terminologies as no court in United State can used any object in court as evidence if obtained illegally or without a search warrant. According to wikipidia online, define Exclusionary rule as a legal principle in the United States, under constitutional law that holds that...
2 Pages(500 words)Essay

Golden Rule

...morally. The scriptures enumerates on and on. Non-believers make sense of the golden rule. Philosophers such as Socrates, Plato, Seneca, and Confucius promoted a variety of the golden rule. Most religious and ethical approaches advocate an order of the golden rule. Emmanuel Kant argued that the foundation of all ethics is to act in such a manner that you act towards people as ends in themselves, more than means to an end, and your actions could be interpreted into a universal law or principle. This quantifies to a sensible parallel of the golden rule. Christians are apprehensive of...
8 Pages(2000 words)Essay

Postal rule

...EMAIL AND POSTAL RULES The postal rule or mailbox rule or postal acceptance rule is an expression used in the common law contract, which helps to establish the timing of an offer and acceptance when mail is considered as a medium of receipt. The common principle states that a contract can only be formed when acceptance is communicated to an offer. However, the postal rule is an exception to the common principle as it states that a contract can only be formed when a properly addressed and prepaid letter of acceptance is posted. One justification given for this rule can be said to be that the offered appoints the post office as its agent...
3 Pages(750 words)Essay

Golden Rule In Philosphy

... their fellow man. This seems to suggest that there is a single base conception held by most societies that serves as the foundation for a general moral code. It has been suggested that what is known as the Golden Rule stands as that foundational concept behind the world’s generalized moral code. How this code is interpreted, instilled or ignored within a given society determines how history will judge it. Those whose actions have been undertaken with a view to the common good of all man will be more often considered in a more positive light than those whose actions have been taken to the detriment of a large proportion of the population without extreme physical provocation. By understanding what is meant by the Golden Rule... The...
10 Pages(2500 words)Essay

Gordon rule

...Three Economic Issues Concerning President Obamas Health Care Plan President Obama has created a healthcare plan that many experts are criticizing. The major reason they are criticizing the plan is because it does not seem to be sound economically. According to Schiff (2009), one of the economic challenges is that President Obama wants to tax the wealthy in order to help the poor. Schiff suggests that this is "an unconstitutional redistribution of wealth" (par. 3). He suggests that this is not the way to pay for healthcare because it is making one group pay for what another groups needs. However, in Obamas words this is not necessarily the truth. He is advocating for everyone to have insurance that can afford it and is giving tax... Economic...
3 Pages(750 words)Research Paper

Volcker Rule

...Volcker Rule The Volcker Rule was endorsed in as part of the financial reform law by Dodd-Frank. The legislation prohibits commercial banks fromhedging funds. Its purpose, according to its advocate Paul Volcker, is to prevent or stop banks from taking unnecessary risks with the funding advantage offered by the federal deposit insurance. Volcker states that the proprietary trading weakened completely the financial system just for trader bonuses and bank profits (Editorial Board 2012, par. 1). However, this new federal rule or legislation is attracting protests from both local and foreign governments. These governments argue that the rule would make it hard for them to access loans for their public operations and projects (Goldfarb... and...
2 Pages(500 words)Essay

Exclusionary Rule

...EXCLUSIONARY RULE Exclusionary Rule Case Brief: Monell v. New York Department of Social Services, 436 U.S. 658 (1978) Facts Aclass of female employees in the New York’s Department of Social Services and Education Board, in July 1971, complained that the Department and the Board, as a matter or of official policy, had compelled pregnant female employees to go for unpaid leave of absence before the leaves were need as a result because of medical reasons. Under the 42 U.S.C. 1983, the employees sought back-pay and injunctive relief for being unlawfully forced to take unpaid leave (“Monell, et al. v. Department of Social Services of the City of New York et al.,” 1978). The defendants in this case were the New...
1 Pages(250 words)Assignment

Exclusionary Rule

...Exclusionary Rule Exclusionary Rule This rule prevents agents of the law from conducting arbitrary searches on individuals even if they are suspected of engaging in illegal activities. The search and seizure protocols used by law enforcement agencies may at times be guided by the exclusionary rule. It is a citizen’s constitutional right to be protected against such illegal searches, and it is all under the Fourth Amendment that this is possible. This principle works towards guaranteeing that any proof attained in breach of a person’s constitutional guarantee shall not be tolerable in any courts. This aims to safeguard people from being prosecuted if at all the due process of evidence collection was not followed. It is also true... that this...
4 Pages(1000 words)Research Paper

Napoleon's Rule

...Napoleon’s Rule Introduction The objective of a historian is to gain insight into the realities and ideas which shaped the lives of men and women of past societies, and not collection of facts as is the common misconception. Studying people from past societies allows us to discover the rich diversity of human experience even though some of the institutions and beliefs may seem strange to us. Studying history involves looking into desires and beliefs, institutions and practices of human beings; these give us an insight into the problems, values, ideas and the foundation of modern institutions. In essence, history lets us know how we came to be who we are and makes it possible for us to get a new perception of the world...
9 Pages(2250 words)Research Paper

Confucious and the golden rule

...Confucius and the Golden Rule Confucius and the Golden Rule Similar to Confucianism, Jesus’ teaching on the golden role does not encourage people to be good to others, but simply not to be bad to them. From this point of view, Confucius’ golden rule is a negative version of Jesus’ golden rule, which was, “Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets” (Matthew 7:12). This clear difference with Confucianism is that Jesus’ golden rule needs positive deeds done to others....
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Golden Rule, The Mischief Rule and The Literal Rule of Statutory Interpretation for FREE!

Contact Us