Mischief rule - Wikipedia, the free encyclopedia
Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislator's intention. Originating from a 16th century case in the United Kingdom, ...
en.wikipedia.org/wiki/Mischief_rule
Rules are socially constructed. That is, their meaning is given within and by a social context. Rules have no meaning in themselves, outside the social context ... By way of assistance, there are three major guidelines for interpretive practice drawn from legal practice: the "literal", "golden", and "mischief" guidelines.
www.onemetre.net/OtherTopics/Philos/Intphil.htm
In English law there are three rules of construction; they are the Literal rule, golden rule and mischief rule. The rules examine the wording of the particular statute and are the most common approach of interpretation of the English legal system.
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Words that are reasonably capable of only one meaning must be given that meaning whatever the result. This is called the literal rule. ... When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule).
law.jrank.org/pages/20875/interpretation-statutes.html
Words that are reasonably capable of only one meaning must be given that meaning whatever the result. This is called the literal rule. ... When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule). ... Apart from these specific rules,
law.jrank.org/pages/15846/Interpretation-Rules-Principl... law.jrank.org/pages/15846/Interpretation-Rules-Principles-Statutory.html
The literal rules might be said to be the default position. But the judges will commonly use a more purposive approach (the golden or mischief rules), especially where the legislation seeks to implement a social policy such as the outlawing of sex discrimination.
www.leeds.ac.uk/law/hamlyn/sls.htm
But the court applied the golden rule to make 'in the vicinity' also include within. The third and final rule of interpretation is the mischief rule. ... This is a great advantage when neither the literal or golden rule can stop an absurdity for example in the case Smith v Hughes. The law states that it is a criminal offence...
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Home > University > Law > English Legal System > When judges interpret statute, they have three rules to follow. These are the literal rule, the golden rule and the mischief rule.
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