Literal Rule

Literal Rule Meaning

The Literal Rule is a method used by courts of law to interpret the meaning of a statute or piece of legislation. The rule states that the words used in the legislation should be given their plain and ordinary meaning unless there is an ambiguity in the text or the intention of the legislature is clearly not reflected in the literal meaning of the words. This rule was most famously highlighted by the case of R v Judge of the City of London Court [1892] 1 QB 273. In this case, the judges chose to interpret the law strictly according to the words used in the statute, even though the result was seemingly absurd. Despite the criticism received for its inflexible approach, the Literal Rule has been widely adopted in common law jurisdictions as it provides clarity and predictability in legal interpretation.

Advantages of Literal Rule

The Literal Rule is a valuable tool in the interpretation of legislation. One of its main advantages is that it gives effect to the plain and ordinary meaning of the words used in the legislation. By doing so, the Literal Rule ensures that the judiciary is not substituting its own subjective interpretation of the law for that of the legislature. This promotes legal certainty, consistency, and predictability. Additionally, the Literal Rule is considered to be impartial, as it does not rely on a judge's individual beliefs or values, but rather on the wording of the statute as it stands. This makes the Literal Rule a neutral method of interpretation that can be applied consistently across a range of legal cases. Overall, the Literal Rule is a powerful tool that helps to maintain the rule of law and ensure the objective interpretation of legislation.

Problems of Literal Rule

However, this strict approach can sometimes lead to issues in interpretation. Firstly, certain words or phrases may have multiple meanings, leading to ambiguity and confusion. This can make it difficult to determine the true intent of the legislature when drafting the law. Additionally, the literal rule may not account for changes in language, technology, or societal norms that may occur after the law was enacted. As a result, a strict interpretation may not reflect the true understanding or expectations of the lawmakers at the time the law was written. Lastly, the literal rule may not be appropriate for all types of laws, particularly those dealing with complex or technical subjects, where a flexible approach to interpretation may be more appropriate.

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