Law 2101 Study Guide - Quiz Guide: Golden Rule, Plain Meaning Rule, Mischief Rule
Document Summary
The literal rule literal rule: - interpretation matches the literal meaning of the word. Rules have to be applied literally -> grammatical or literal interpretation (no reasoning involved, just literal interpretation) (might lead to best results) The golden rule (purposive of teleological interpretation the golden rule: - if the literal interpretation of a rule leads to bizarre results, the interpretation should be changed in order to avoid these results (elements of substantive reasoning) Device to obtain a good rule -> legal reasoning will be substantive. Legal, decision making establishing which consequences the legal rules already have attached to the case at hand. There might be cases which lack an applicable legal rule (gap in law) therefore law is finite (begrenzt) Hard cases: - there is no law to be applied, then decision maker has to take into account certain measures: governmental policies, demands of morality, his personal preferences. Decision maker must exercise discretion in sense of making unbound decision.
