Give short practical examples of literal rule, golden rule, mischief rule and purposive approach

1 answer

Certainly! Here are short practical examples illustrating each of the four main rules of statutory interpretation: the literal rule, golden rule, mischief rule, and purposive approach.

1. Literal Rule

Example: A statute states, "No vehicles are allowed in the park."

  • Interpretation: Under the literal rule, if someone drives a lawnmower (a vehicle) into the park, they would be in violation of the law despite the intent behind the law being to prevent cars and trucks. The word "vehicle" is interpreted as it is, without consideration of the broader purpose.

2. Golden Rule

Example: A law prohibits “killing” any animals.

  • Interpretation: If a person accidentally steps on a bug, under the literal interpretation, they could be prosecuted for killing. However, using the golden rule, the court might interpret “killing” in a reasonable manner to avoid absurdity, thereby excluding accidental harm to inconsequential creatures like bugs.

3. Mischief Rule

Example: A statute was passed to prevent illegal dumping that states, “No person shall dispose of waste materials in any public area.”

  • Interpretation: If someone discards waste in an abandoned lot (not technically public), using the mischief rule, the court may interpret the statute in light of the problem it aims to address (illegal dumping), concluding that the intent was to prevent harm to the environment and community, thus applying the law to this act as well.

4. Purposive Approach

Example: A law was enacted to ensure workers receive fair wages and prevent exploitation.

  • Interpretation: If a company pays employees in gift cards instead of cash, the purposive approach would look at the underlying aim of the statute (to ensure fair compensation), determining that receiving wages in non-monetary form could violate the spirit of the law, even if the law does not explicitly mention the form of payment.

These examples illustrate how different approaches to statutory interpretation can lead to varying outcomes in legal interpretations.