Golden Rule (law)
In law, the Golden rule, or British rule, is a form of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” (also known as the “literal rule”) and the “mischief rule.”
The golden rule allows a judge to depart from a word's normal meaning in order to avoid an absurd result.
The term "golden rule" seems to have originated in an 1854 court ruling, and implies a degree of enthusiasm for this particular rule of construction over alternative rules that has not been shared by all subsequent judges. For example, one judge made a point of including this note in a 1940 decision: "The golden rule is that the words of a statute must prima facie be given their ordinary meaning."
Read more about Golden Rule (law): Circumstances of Use, History and Evolution, Worked Examples
Famous quotes containing the words golden and/or rule:
“The golden mean in ethics, as in physics, is the centre of the system and that about which all revolve, and though to a distant and plodding planet it be an uttermost extreme, yet one day, when that planet’s year is completed, it will be found to be central.”
—Henry David Thoreau (1817–1862)
“The terrifying message of gay liberation is that men are capable of loving their brothers. It should be sweet news to every woman in the world, for, if the capacity of men to love whom they have been taught to treat as competitors and enemies can transcend their education, the world can begin to heal.”
—Jane Rule (b. 1931)