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1. Interpretation of statutes should be based on the plain meaning of the words used and the intent of the law.
2. Where the language is clear, no further explanation is needed, but interpretation should avoid absurdity and inconvenience if possible.
3. Equity and reasoning of the law should not contradict the clear words of the statute.
1. Interpretation of statutes should be based on the plain meaning of the words used and the intent of the law.
2. Where the language is clear, no further explanation is needed, but interpretation should avoid absurdity and inconvenience if possible.
3. Equity and reasoning of the law should not contradict the clear words of the statute.
1. Interpretation of statutes should be based on the plain meaning of the words used and the intent of the law.
2. Where the language is clear, no further explanation is needed, but interpretation should avoid absurdity and inconvenience if possible.
3. Equity and reasoning of the law should not contradict the clear words of the statute.
Index animi sermo Speech is the index of the intention
Verba legis non est recedendum From the words of a statute there should be no departure Dura lex sed lex The law may be harsh but it is still the law Absoluta sentential expositore quae non When the language of the law is clear, no indigent explanation of it is required Hoc quidem perquam durum est, sed ital ex It is exceedingly hard but so the law is written scripta est Aequitas nunquam contravenit legis Equity never acts in contravention of the law Interpretation fienda est ut res magis valeat That interpretation as will give the thing efficacy quam pereat is to be adopted Ratio legis Interpretation according to the spirit or reason of the law Ratio legis est anima Reason of the law is its soul Verba intentioni, non e contra, debent Words ought to be more subservient to the intent inservire and not the intent to the words Cessante ratione legis, cessat et ipsa lex When the reason of the law ceases, the law itself ceases Interpretation talis in ambiguis simper fienda Where there is ambiguity, such interpretation as est ut evitetur inconveniens et absurdum will avoid inconvenience and absurdity is to be adopted Ea est accipienda interpretation quae vitio That interpretation is to be adopted which is free caret from evil or injustice Fiat justicia, ruat coelum Let the right be done, though the heavens fall Surplusagium non noceat Surplusage does not vitiate a statute Utile per inutile non vitiatur Nor is the useful vitiated by the non-useful Falsa demonstration non nocet, cum de False description does not preclude construction corpore constat nor vitiate the meaning of the statute which is otherwise clear Ibi quid generaliter conceditur Every rule is not without an exception Inest haec exception, si non aliquid sit contras Where anything is granted generally, this jus basque exception is implied Summum jus, summa injuria The rigor of the law would become the highest injustice Nemo tenetur ad impossible Law obliges no one to perform an impossibility Impossibilium nulla obligation est No obligation to do an impossible thing Ex necessitate legis From the necessity of the law In eo quod plus sit, simper inest et minus Greater includes the lesser Ubi jus, ibi remedium Where there is a right, there is a remedy for violation thereof In pari delicto potior est conditio defendentis Where a statute prohibits the doing of an act, the act done in violation thereof is by implication null and void Ex dolo malo non oritur actio no man can be allowed to found a claim upon his own wrongdoing or inequity Nullus coomodum capere potest de injuria sua No man should be allowed to take advantage of propria his own wrong Quando aliquid prohibetur ex directo, What cannot, by law, be done directly cannot be prohibetur et per obliquum done indirectly Generalia verba sunt generaliter intelligenda What is generally spoken shall be generally understood; general words shall be understood in a general sense Generale dictum generaliter est General statement is understood in a general interpretandum sense Verba accipienda sunt secundum materiam A word is to be understood in the context in which it is used. Ubi lex non distinguit, nec nos distinguere Where the law does not distinguish, courts debemus should not distinguish. Noscitur a sociis Where a particular word or phrase is ambiguous in itself or equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is found or with which it is associated Ejusdem generis (or the same kind or species) Where a general word or phrase follows an enumeration of particular and specific words of the same class or where the latter follow the former, the general word or phrase is to be construed to include, or to be restricted to, persons, things or cases akin to, resembling, or of the same kind or class as those specifically mentioned Expressio unius est exclusion alterius The express mention of one person, thing or consequence implies the exclusion of all others. Expressum facit cessare tacitum What is expressed puts an end to that which is implied where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters. Exceptio firmat regulam in casibus non A thing not being excepted must be regarded as exceptis coming within the purview of the general rule Expressio unius est exclusion alterius The expression of one or more things of a class implies the exclusion of all not expressed, even though all would have been implied had none been expressed; opposite the doctrine of necessary implication Argumentum a contrario What is expressed puts an end to what is implied Casus omissus A person, object or thing omitted from an enumeration must be held to have been omitted intentionally. Ad proximum antecedens fiat relatio nisi Relative words refer to the nearest antecedents, impediatur sententia unless the context otherwise requires
(Applied Logic Series 15) Didier Dubois, Henri Prade, Erich Peter Klement (Auth.), Didier Dubois, Henri Prade, Erich Peter Klement (Eds.) - Fuzzy Sets, Logics and Reasoning About Knowledge-Springer Ne