INTERPRETATION OF STATUTES

 INTERPRETATION OF STATUTES AND DICHOTOMY BETWEEN LAW & MORALITY

This Article will put you through the Interpretation of Statutes in the Court system and also we will discuss about the Dichotomy between the Law and Morality. 

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But first let be concern with the Interpretation of Statutes.... 

Introduction below 👇

The main duty of court in interpreting the statues, i.e, Laws passed by the Legislature, is to find out the manifest and express intension of the Legislature as at the time the law was made.

The statutory interpretation have three Major Principles. The Following Principle will be explained below:-

• The Literal Rule
• The Golden Rule
• The mischief Rule

Let start discussing the Principle above one after the other.

THE LITERAL RULE

According to this Rule, Statutes are to be interpreted literally, the statutes are to be interpreted in their plain ordinary meaning. 

THE GOLDEN RULE

This rule states that if the words of the statutes in their ordinary meaning will lead to any inconsistency, it is the duty of the court to discover the true intention of the Legislature, by modifying the statute to avoid such inconsistency.

THE MISCHIEF RULE

The rule is used where both Literal and Golden rules have failed. According to the mischief Rule, in order to interpret a statute properly it is necessary to consider how the common law stood when the statute was passed, that is, the history of the Legislation itself.

Other interpretation of Statute include 

• Ejusdem Generis Rule
• The purposive Approach
• Expressio unius est exclusio alterius 

EJUSDEM GENERIS RULE

Ejusdem Generis is a Latin word meaning "of the same kind or Nature" rule. This is another rule of interpretation. The rule states that where particular words are followed by general words, the General words must be interpreted to be similar in meaning to the particular words. 

THE PURPOSIVE APPROACH

This rule was formulated by Lord Denning in the case of Seaford court estates Ltd vs Asher. It was a case of Landlord and Tenant. The Rule is conceived as taking the interpretation of statutes beyond the scope of the ordinary meaning as earlier understood by the "Literal Rule" 

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS 

This is another Latin word that is applicable to the interpretation of statute. It is to the effect that "The express mention of a thing in a statute is the exclusion of the other". This means that if something is emphatically expressed it must be taken to exclude something else.

The next on our discussion is the Dichotomy between Law and Morality

Before we move to the Dichotomy, let define Law and also Morality

LAW: This can be defined as Rules and Regulations guiding the conduct of an individual in a given Society

MORALITY: This is a Principle concerning the distinction between right and wrong or good and bad Behaviour 

We already know the meaning of the both Law and Morality, now let proceed.

DICHOTOMY BETWEEN LAW AND MORALITY

The Dichotomy means the Difference between the two Words "LAW & MORALITY"

1. The rules of Law are mandated on every citizens of a society while The rules of Morality is not mandated they are just beliefs
2. Law are not optional, it must be obeyed while Morality is optional
3. Law does not have jurisdiction over person's private Life while Morality have jurisdiction over person's private life 
4. Law is deliberately changed by parliament while Morality cannot be deliberately changed
5. Law of the state is concerned with the Legal duties while Morality is concerned with the moral duties 
6. Law are certain and universally applicable to all citizens while Morality is quite uncertain.
7. Law is only concerned with the external affairs of an individual while Morality is concerned with both internal and external affairs of an individual
8. It is legally wrong to drive right hand side while it is not wrong to drive right hand side Morally 

Note: Some Principle of Morality agrees with Law 

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