Introduction to Law Deneme Sınavı Sorusu #838802
"A group life assurance scheme was set up by a company for its employees. Payments were made to certain classes of people including “descendants” of the employee in question. It was held by the Court that “descendant” was a legal term of art meaning legitimate descendant, and consequently no payment could be made to an illegitimate child of the employee."
For which of the following types of interpretation does the above case constitute an example?
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Historical interpretation |
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Systematic interpretation |
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Argumentative interpretation |
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Textual interpretation |
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Teological interpretation |
In the common law tradition, textual interpretation is covered by the term “literal rule”, which requires if the words used in the statute are plain and unambiguous, they should be given their ordinary signification. The ordinary meaning of a word refers to its plain and popular sense. In case a statute contains a legal term of art, the court should give it its technical meaning, but not the ordinary meaning, unless there is something in the context to displace the presumption that it was intended to carry its technical meaning.
Thus, in this example, the legal meaning of a term supersedes its ordinary meaning. However, the Court arrives at this decision through a textual interpretation process.
The correct answer is D.
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