PHILOS 2Q03 Lecture Notes - Lecture 5: Wheelchair, Carbonated Water, Vehicle Insurance
24 Sep 2018
School
Department
Course
Professor
Document Summary
What arguments would the lawyers use?: interpretation flows from ambiguous text a statue or norm that uses a word or phrase that has multiple meanings. Wheel chair: not sure what statue means because it involves evolving context the social background within which a rule is used; social background has shifted. Lawyer must make non application arguments: under inclusive texts; laws that don"t seem to cover all the situations that it is supposed to. Lawyers use incorrigible gap argument; incorrigible means unfixable; you guys wrote it, you should have saw it, it was the governments mistake. Necessary implication; suggest that the hole that exists in the statue would make the statue obsolete respect parliaments decisions by inferring what they would want. Perrier group argued that beverage meant a manufactured drink, produced by mixing ingredients and therefore excluded naturally carbonated water our product is not a beverage therefore we shouldn"t be taxed.
