An Analysis of Statutory Understanding - Free Essay Example

Sample details Pages: 6 Words: 1816 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? ABSTRACT Statutory understanding is the methodology by which courts translate and apply enactment. Some measure of translation is frequently vital when a case includes a statute. Some of the time the expressions of a statute have a plain and straight forward meaning. But in many case, there is some vagueness in the expressions of the statute that must be determined by the judge. To discover the significance of statutes, judge use different apparatus and strategies for statutory elucidation, including universal standards of statutory translation, administrative history and reason. Within the jurisdiction of the same law, the judiciary may apply rules of statutory rules of administrative agencies. INTRODUCTION Interpretation of Legislation The principles applied by English judges in the interpretation of English legislation have been applied by Malaysian judges in interpreting local legislation. It must not be forgotten, however, that when local legislatio n is being considered, it is local legislation and that English decisions on similar words in English statutes are not necessarily in point. Thus, in Re A TaxpayerSpenser Wilkinson J said: the various portions of the English income tax law have to be construed in the light of the particular methods of assessment in the United Kingdom; so that even where the sections of our Ordinance are couched in wording similar to that of certain parts of the English income tax law it is by no means certain that those words will have the same meaning in the context of the local income tax law as they have in the context of the English income tax law. Literal request of English rules might guide to restricted variation. For example, the English rule that a statute is not to be construed (in the absence of express words or necessary implication) as prejudicing the Crown might have given rise to the doubt in relation to the Malay States. Clearly the United Kingdom government, and those of Singapor e, Penang, and Malacca were protected. But what of the government of the Malay States and of the Federation of Malaya (in relation to Penang and Malacca as well the other states)? They were not part of the Crown. Was the English rule to be taken as applying to the Crown only, or to its equivalents as well? The literal and restrictive application was adopted by Wilson J in Plantersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Loans Board v S. Mangalam; where he said: The government of the Federation of Malaya is bound by the provisions of any general Enactment of law effective in the Federation unless expressly exempted. The different approaches used by court in England which has been adopted by the courts in Malaysia can be summarized under four main headings. The Literal Approach This approach assumes that the meaning and intention of the legislature have been expressed effectively by the actual words used in the act or enactment to be interpreted and the court needs to do no more than to give effec t those words. In an English case, the Sussex Peerage Casethe question before the Committee of Privileges was whether the Royal Marriage Act, 1772 extended to marriages celebrated outside England, Tindal CJ said: The only rule for the production of Acts of Parliament is that they should be interpreted in accordance with the will of Parliament which passed the Act. If the words of the statute are in themselves precise and clear, there is no more to explain the words in their natural and ordinary sense. The words themselves do, in such case, best announce the purpose of the law giver. In many cases, this approach enables the questions presented to the court to be answered quite confidently and no difficulties arise. It must be remembered however, that the literal meaning of the words almost always depends to some extent on their context and that the context of the words in a statute is the whole statute in which they are found. In commissioner of Stamps, Straits Settlements v Oei Tjong Swan Orsthe respondents were executors of Oei Tjong Swan, who died in Singapore in 1924. The deceased was resident and domiciled in the Straits Settlements, and his will was proved there.The estate of the deceased included, apart from moveable and immoveable property in Singapore, also moveable property situated outside Singapore. The issue was whether estate duty was also payable on the deceasedà ¢Ã¢â€š ¬Ã¢â€ž ¢s moveable property outside Singapore. Section 68 of the Stamps Ordinance provided that: In the case of every person dying after the first day of February 1908, shall, in cases specified in article 1 of Table A, levied and paid on the principal value is determined as here in after provided the property is passed on the death of the duty pass rates of stamp referred to in the article. Then section 2 of the Ordinance provided that à ¢Ã¢â€š ¬Ã‹Å"propertyà ¢Ã¢â€š ¬Ã¢â€ž ¢ includes moveable and immoveable property. In case, the Privy Council held that the lan guage of section 68(1) plainly covered the moveable property situated abroad as the section said à ¢Ã¢â€š ¬Ã‹Å"all propertyà ¢Ã¢â€š ¬Ã¢â€ž ¢. The Privy Council made a classic remark which runs as follows: The answer to the question (regarding the construction of section 68(1) of the Ordinance) must be found from an examination of the Ordinance itself, for the best and safest guide to the intention of all legislation is afforded by what the legislature has itself said. The Mischief Rule When it is not clear whether an act is included in what is forbidden by a particular piece of legislation, the judges can apply the mischief rule. Where there is ambiguity in the law, this rule allows the court to go behind the actual words of the statute to consider the problem that the statute was supposed to correct. The court will look at the law before the law was passed. After that, look at the overall intent of law as discovered from reading the whole and ask, à ¢Ã¢â€š ¬Ã…“Any mis chief to it that the law is intended to correct?à ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“What social purpose?à ¢Ã¢â€š ¬Ã‚  To go beyond the text of the statute to determine the function of the act, damage or purposes are vastly different approach to the golden rule and literal approach in looking at this problem. Elliot v Grey (1960) The defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s car was parked on the road. It was jacked up and has the battery removed. He was charged with offenses under the Road Traffic Act 1930 using an uninsured vehicle on the road. Defendant argues he did not à ¢Ã¢â€š ¬Ã‹Å"useà ¢Ã¢â€š ¬Ã¢â€ž ¢ the car on the road with clear he cannot drive. Held: The court applied the mischief rule and decided that the car used on the road as it represents danger and therefore the insurance will be required in the event of an incident. The statute is intended to ensure the compensation when injured by hazards created by others. In deciding the meaning of a phrase in the statute, the court can also be helped by maxims that are not a rule but an aid to construction. Two of the maxims that used are noscitur a social known as an associate. This is used where the words are vague or unclear in the particular word. Its meaning is limited to the class or kind of thing as certain words in common. Next, ejusdem generic means that the same kind, class or nature. Under this rule, a wide range of general words are restricted to the same class as a more specific word that precedes it. The Golden Rule The golden rule is in fact analteration of the literal rule; used in order to avoid an absurdity or repugnancy. As Parke B said in the English case of Becke v Smith: It is very useful rule in the construction of a law to comply with the ordinary meaning of the words used and the grammatical construction, unless that is contrary to the intent of the legislature, to be collected from the statute itself, or leads to any manifest absurdity or repugnance increased, in where the language can be changed or modified to avoid inconvenience, but nothing more. It has also been said that the golden rule may be used in two ways; the narrow and broader ways. In a narrow application, rule stipulates that if the word is not clear, the court must adopt the interpretation that avoids absurd results. In its broader application, the golden rule is sometimes used in preferences to the literal rule where the words used can have only one literal meaning. This is especially so where considerations of public policy intervene to discourage the obnoxious interpretation. The rule, however, has mostly been used in a narrow way, and in this application, the golden rule can be used where there is a sensible alternative interpretation. The best case to illustrate the application of this rule is the case of Re An Advocate. In this case, respondent is an advocate in the roll of advocates for Sarawak. In November 1962, he visited Kuching in the course of practice, and as a favou r to his friend, who imported womenà ¢Ã¢â€š ¬Ã¢â€ž ¢s clothing arranged his advertisement and representative. He also set the account and customs formalities attended in his own name and made use of in his hotel room to facilitate business. Any advocate can be suspended from practice in Sarawak, or his name may be struck off the roll of advocates of the order of a judge for any of the following reasons: if he does any act which if committed in England, would render him liable to be removed from the register of the court, or suspended from practise, if a lawyer in England. In conclusion, this report describes the facts and reality of law cases nowadays. As in this report is the interpretation and extrinsic act,the principles applied by English judges in the interpretation of English legislation have been applied by Malaysian judges in interpreting local legislationthe literal approach,the meaning and intention of the legislature have been expressed effectively by the actual wo rds used in the act or enactment to be interpreted and the court needs to do no more than to give effect those words. The golden rule,rule is in fact a modification of the literal rule; used in order to avoid an absurdity or repugnancy and the Mischief rule,even when read in the light of the whole statute, that the words bear a plain meaning. Sometimes, the words or phrases are vague. Sometimes in their application to particular circumstances, words or phrases though not perhaps strictly ambiguous in themselves are vague or uncertain. All these acts were discussed in the report above. REFERENCE Books Ahmad I. and Ahilemah J. (1995) The Malaysian Legal System: Interpretation of Legislation. 2 edn, Malaysia: Kuala Lumpur Website Statutory Interpretation (2008) Interpretation Available at https://www.e-lawresources.co.uk/Statutory-interpretation.php (Accessed: 5 April 2014) Case Examples of the Golden Rule, 2013, retrieved on 2 April 2014, from https://golden-rule- law.blogspot.com/ Useful Website Scholarly publications: https://www.scholar.google.com A good search engine for educational purpose: https://www.intute.ac.uk Don’t waste time! Our writers will create an original "An Analysis of Statutory Understanding" essay for you Create order

The Influence of Ancient Greek Mythology on Modern Society...

Ancient Greek society fell over 2000 years ago but despite this, its mythology still continues to influence our western society. References to Greek mythology can be found all through time and in our western culture. The influence of Greek mythology can be found in our science, arts and literature and our language. When Ancient Greece fell to the Roman Empire, Rome adapted its mythologies which still influence us today as they have through history. That is not to say that Greek mythology wasn’t influenced itself – Greek mythology has links with the bible and the early Mycenaean’s. It has also been recognised as one of the earliest forms of paganism. References to Greek mythology can be found all through time and in our Western culture.†¦show more content†¦They were named for ******, Poseidon and Hades the king of the underworld. Asides from the planets, many of the moons orbiting the planets, especially Jupiter (Zeus) have been named according to Greek mythology. Pluto’s moon Charon was named after the boat keeper of the underworld, continuing the link between ancient Greek mythology and western society. The influence of Greek mythology does not stop here, it continues into the stars and galaxies – many of which are named after characters in Greek mythology and this is how Greek mythology has continually influenced western society over time. However, Greek mythologies role in western society is not limited to our science, as it has also played a huge part in developing the English language and phrases that we use. There are two ways in which Greek mythology has affected the English language and that is in words that reference Greek mythology and through phrases that represent the actions of characters in Greek mythology. Words such as an aphrodisiac - something that arouses or intensifies sexual desire, stems from the Aphrodite, the Greek goddess of love. Also linked with Aphrodite is Venereal disease (another word for STI). 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Merck Company Free Essays

Introduction The healthcare industry is composed of many different players who have the same goal which is to ensure the well-being of people, particularly with regards to their health.   One such player in this industry is pharmaceutical companies.   This paper will be analyzing the products of Merck Pharmaceutical Company concentrating on the importance of research in the development of their products. We will write a custom essay sample on Merck Company or any similar topic only for you Order Now    It will also be presenting the company’s mission statement and how consistent the company is in relation to its mission statement.   Furthermore, it will analyze on whether the company’s patient and care-givers site is helpful to the company’s target audience or otherwise. Overview of Merck Company In order to analyze Merck Pharmaceutical Company comprehensively, an overview about the company and its mission statement must first be established. Merck Co. Inc. was established in 1891 with the concern on prioritizing the needs of patient that have been otherwise not met during this period.   The company primarily produces vaccines and medicines as well as delivering these to those who need them the most (â€Å"About Merck† 2008). Merck Co. Inc. is also a global research pharmaceutical company.   Its mission is â€Å"to provide society with superior products and services by developing innovations and solutions that improve the quality of life and satisfy customer needs, and to provide employees with meaningful work and advancement opportunities, and investors with a superior rate of return† (â€Å"Mission Statement† 2008).   The company is committed to the preservation and improvement of human life by maintaining high standards in its ethics, particularly in research in order to attain their mission (â€Å"Mission Statement† 2008). Products of Merck Company Because of their continuous research, the company has been able to release new products for the betterment of today’s society.   The most recent product of the company that was licensed and approved by the Food and Drug Administration (FDA) of the United States was Gardasil, a cervical cancer vaccination.   The company announced the release of the vaccine on March 19, 2008 (â€Å"Product News† 2008). Gardasil is a vaccine that was developed in order to prevent the development of cervical cancer, dysplastic lesions and genital warts among females from age nine to twenty-six.   Based on their research, they had discovered that these diseases were caused by HPV types 6, 11, 16 and 18 (â€Å"Product News† 2008). Importance of Research to Merck Research is extremely vital to the progress of Merck as a pharmaceutical company.   Through their constant and meticulous research, the company is able to create medicines that have become important in today’s society.   The company’s research resources include the acquisition of the most advance tools in the market, chemistry, genomics and computerized molecular modeling.   These resources allow the company to remain at the forefront of discovery in their industry (â€Å"Our Research† 2008). Because of the technology advancement and their meticulousness in hiring employees in their research and product development department, the company is able to create products that are able to satisfy the needs of their customers.   At the same time, the availability of the most up-to-date technology allows the company’s researchers to work in an environment for them to create meaningful and advancement opportunities. As a result, they are able to improve and preserve human life in today’s society as well as meeting the company’s mission statement and values (â€Å"Mission Statement† 2008). Patient and Caregivers’ Site Since the company produces vaccines and medicines, there is always the possibility that it may be inappropriately administered which would cause adverse side effects to the patient which would not just aggravate the medical condition of the patient, but may also cause the caregiver to lose his or her license to practice. In order to prevent this, the company had provided a patient and caregivers’ site in order to properly educate the consumers of the company’s products on side effects, dosage, manner of administration and situations when the product could not be used.   The website is extremely helpful for both patients and caregivers.   The main page presents the names of the products so that the patient or the caregiver is able to locate more information about the medicine or vaccine. The page that discusses the medicine or vaccine is presented in two forms: one is written in a simple and straight-to-the-point manner so that the average individual without any background in medicine would be able to understand information about the product comprehensively.   It is also presented in a more technical and scientific way which can be comprehended only by someone who has a background in medicine such as a caregiver (â€Å"Patient Caregiver U.S. Product Web sites† 2008). Conclusion For a company such as Merck Co. Inc., research is extremely vital in its operations since it is only through research that the company would be able to create products in order to meet their mission which is to provide superior vaccines and medicines in order to improve the quality of human life.   One such example of this is the release of Gardasil, a vaccine developed to prevent cervical cancer and other diseases among females from occurring.   For patients and caregivers who would need information with regards to their products, the company provided a website where information about a particular vaccine or medicine would be understood by both patients and caregivers. References Merck Co., Inc. (2008). About Merck. Retrieved on 08 April 2008, from http://www.merck.com/about/. Merck Co., Inc. (2008). Mission statement. Retrieved on 08 April 2008, from http://www.merck.com/about/mission.html. How to cite Merck Company, Essay examples

The Torah, Talmud and Kabbalah Essay Example For Students

The Torah, Talmud and Kabbalah Essay She is full of the Divine light, and thought her experiences in her life try to break her; her incredible love seems to flow out endlessly. Sometimes Hoda had so many feelings all going in her at the same time that she felt as though she would burst, and all those feelings that were churning around that way inside of her would come splattering out in all directions (113) She falls into prostitution almost without knowing it. Prostitution could be seen as a breaking of the spirit, but she does it to stay alive and to keep her family together; a family unit broken by the death of her mother. Hoda is the divine dichotomy. A princess and a whore, she is everything and nothing. Because of Hodas incomplete education, her idea of how babies are made is a little off, but only lends itself to the broken vessel theme. She rationalizes that men have to squirt in enough of their own pieces to create a whole baby, and by not sleeping with the same ones all the time she will not have a baby. Her fat hides her condition from even herself, and one night her vessel is broken almost entirely. The baby is described as a lump, as she believes it is the pieces of all the men she has slept with. She leaves it at the orphanage with a cryptic note. TAKE GOOD CARE. A PRINCE IN DISGUISE CAN MAKE A PIECE OF A PRINCE, TO SAVE THE JEWS. HES PAID FOR (219) piece of a prince could be construed as prince of peace, who would indeed be a savior of the Jews. The childs name given at the orphanage is David Ben Zion, King David. His unknown origins could be a form of Immaculate Conception. He too, like his mother and grandparents is a bit flawed, Hoda tied the umbilical cord in a funny way which gives him such a strange belly button he is nicknamed Pipick. Hoda does not see Pipick again until one day, many years later; he comes to her as a customer. Once she realizes who he is, she makes another decision which threatens to break her vessel. She must sleep with her son to save him. If she does not, she could reveal his origins and disgrace him. Hoda commits the greatest taboo in order to save her son. Hoda is finally saves in the end when she marries Lazar, alluding to the Lazarus of the bible who rises from the dead. By this time in her life, Hoda has an incredible need for love, and it is matched by this man who has crawled from the grave of his village to live again. The novel ends with man and woman untied, both flawed vessels themselves like Danile and Rahel. Crackpot is a novel of opposites, life and death, broken vessels being both full and spilling empty. In the final words of the novel, the prostitute Hoda finally sleeps with someone who isnt a john. She has a dream that is incredibly disjointed and obscure in its direct meaning, but that is the nature of the muddy waters in the brimming pot (427). The novel ends with a vessel reference, not broken, but brimming with life.