The Golden Rule is used to interpret ambiguous meanings arising within Statutes. There are two forms of the Golden rule; narrow and wide. The Narrow approach as defined in Jones v DPP (1962) by Lord Reid states "If they are capable of more than one meaning, then you can choose between those meanings". This occurred within R v Allen (1872) where the ambiguous definition of "shall marry" within the Offences against the Person Act 1861 for Bigamy was interpreted using the narrow approach of the golden rule. "Shall marry" was interpreted to mean to go through with a marriage ceremony rather than legally marry because choosing legally marry would bring an absurd result; you cannot legally marry twice. Therefore, Allen was found guilty of Bigamy by going through a marriage ceremony when interpreting the Statute using the narrow approach. Whereas, the wider approach allows for judges to interpret the statute not with choosing between ambiguous meanings but by choosing an entirely different meaning altogether to avoid absurd results. In Re Sigsworth (1935) the Administration of Justice Act 1925 was interpreted using the wider approach to not allow a son who murdered his own mother to inherit where no will was established as this would bring the absurd result for rewarding homicide. Therefore the wider approach was used to determine that the Act included inheritance being allowed where it would not be a benefit to another crime by adding that interpretation rather than following the literal meaning of the words expressed in the Act. To conclude, the golden rule in statutory interpretation can be done through two approaches, narrow and wider, as well as protect from absurd results which could arise using the literal interpretation of Statutes.
FAQs
Describe the Golden Rule used in statutory Interpretation? ›
Meaning. The golden rule arises out of two fundamental principles: that courts must interpret statute "according to the intent of them that made it", and that "the words of the statute speak the intention of the Legislature".
How would you describe the golden rule? ›Abstract. The Golden Rule guides people to choose for others what they would choose for themselves. The Golden Rule is often described as 'putting yourself in someone else's shoes', or 'Do unto others as you would have them do unto you'(Baumrin 2004).
What is an example of the golden rule being used? ›Under The Literal Rule, bigamy would be impossible because civil courts do not recognise second marriages, so The Golden Rule was applied to determine that the word 'marry' should be seen as 'to go through ceremony' and the conviction was upheld. The Golden Rule was applied in the Adler v George case (1964).
What is the golden rule of statutory interpretation Australia? ›The 'golden rule' is an extension of the literal rule. It provides that words in a statute are to be given their ordinary meaning unless that interpretation should lead to some absurd result.
Do unto others golden rule? ›The most familiar version of the Golden Rule says, “Do unto others as you would have them do unto you.” Moral philosophy has barely taken notice of the golden rule in its own terms despite the rule's prominence in commonsense ethics.
What is the Golden Rule answer? ›- Do unto others as you would have them do unto you.
- Treat others with kindness and respect, just as you would want to be treated.
- Show empathy and understanding towards others, as you would want someone to do for you.
- Help others in need, as you would hope for assistance if you were in a similar situation.
The Golden Rule is the principle of treating others as one would want to be treated by them. It is sometimes called an ethics of reciprocity, meaning that you should reciprocate to others how you would like them to treat you (not necessarily how they actually treat you).
What is golden rule with example? ›Example: Suppose you have purchased goods of Rs 5,000 from company XYZ. Since you have to make an expense of Rs 5,000, as per the golden rule, you will have to debit the expenditure and credit the income in the company accounts.
What are the 3 main forms of the Golden Rule? ›- 1) Rule One. "Debit what comes in - credit what goes out." This legislation applies to existing accounts. ...
- 2) Rule Two. "Credit the giver and Debit the Receiver." It is a rule for personal accounts. ...
- 3) Rule Three. "Credit all income and debit all expenses."
Example Sentences
If he had, he would know the golden rule of being interviewed by the police: ask for a lawyer and say nothing. Their golden rule is moderation—especially in the good things. He set down as the second the golden rule, “Whatsoever ye would that men should do unto you, do ye even so to them.”
What is the rule for statutory interpretation? ›
The law should be given it's plain meaning wherever possible. Statutes must be interpreted so as to be entirely harmonious with all laws as a whole. The pursuit of this Harmon is often the best method of determining the meaning of specific words or provisions which might otherwise appear ambiguous.
What is our golden rule? ›Golden Rule, precept in the Gospel of Matthew (7:12): “In everything, do to others what you would have them do to you. . . .” This rule of conduct is a summary of the Christian's duty to his neighbour and states a fundamental ethical principle.
What is the main problem with the golden rule? ›One, it fails to explain how to deal with non-reciprocation. Two, it fails to make clear that my obligations are obligations regardless of how I would wish to be treated by others. Three, it lacks any special value in explaining the right occasions for benevolence. And, four, it has no power to motivate benevolence.
Why is the golden rule so hard to follow? ›And so the answer to why is it so hard for us to follow the Golden Rule is that despite the good intentions of our teachers to teach us to respect one another, we've been taught far more examples of how not to treat one another.
What is the rule of golden means? ›Moral behavior is the mean between two extremes - at one end is excess, at the other deficiency. Find a moderate position between those two extremes, and you will be acting morally.
What is Golden Rule with example? ›Example: Suppose you have purchased goods of Rs 5,000 from company XYZ. Since you have to make an expense of Rs 5,000, as per the golden rule, you will have to debit the expenditure and credit the income in the company accounts.
What is the Golden Rule word? ›noun. a rule of ethical conduct, usually phrased “Do unto others as you would have them do unto you,” paraphrased from the Sermon on the Mount in the New Testament.
What is one word for the Golden Rule? ›Unconditional moral law guiding behavior. categorical imperative. absolute imperative. ethical principle.