Circumstances of Use
Although it points to a kind of middle ground between the plain meaning (or literal) rule and the mischief rule, the golden rule is not, in a strict sense, a compromise between them. Like the plain meaning rule, the golden rule gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislature's intention, the golden rule dictates that a judge can depart from this meaning. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning.
Read more about this topic: Golden Rule (law)
Famous quotes containing the words circumstances of:
“I duly acknowledge that I have gone through a long life, with fewer circumstances of affliction than are the lot of most men. Uninterrupted health, a competence for every reasonable want, usefulness to my fellow-citizens, a good portion of their esteem, no complaint against the world which has sufficiently honored me, and above all, a family which has blessed me by their affections, and never by their conduct given me a moment’s pain.”
—Thomas Jefferson (1743–1826)