Interpretative Canonons

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11 Terms

1
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Whole-Text Canon

The text must be construed as a whole.

2
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Presumption of Consistent Usage

A word or phrase is presumed to bear the same meaning throughout a text; a material variation in terms suggests a variation in meaning.

3
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Ordinary-Meaning Canon

Words are to be understood in their ordinary, everyday meanings—unless the context indicates that they bear a technical sense.

4
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Fixed-Meaning Canon

Words must be given the meaning they had when the text was adopted.

5
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Negative-Implication Canon

The expression of one thing implies the exclusion of others

6
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General/Specific Canon

If there is a conflict between a general provision and a specific provision, the specific provision prevails

7
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Mandatory/Permissive Canon

Mandatory words impose a duty; permissive words grant discretion.

8
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Conjunctive/Disjunctive Canon

And joins a conjunctive list, or a disjunctive list—but with negatives, plurals, and various specific wordings there are nuances.

9
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Subordinating/Superordinating Canon

Subordinating language (signaled by subject to) or superordinating language (signaled by notwithstanding or despite) merely shows which provision prevails in the event of a clash.

10
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Presumption of Nonexclusive “Include”

The verb 'to include' introduces examples, not an exhaustive list.

11
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Grammar Canon

Words are to be given the meaning that proper grammar and usage would assign them.