lecture recording on 12 March 2025 at 10.21.47 AM

Historical Context of Law in England

• In the Middle Ages in England, judicial systems were not well-established.

• Judges were sent from courts to resolve disputes across the country.

• Resolutions and decisions made by judges were reported back to the courts, forming a precedent system.

• This led to a common law system where judges created rules through their decisions.

Common Law vs Civil Code Systems

• Common Law System:

  • Judges create rules through case decisions.

  • As laws evolve, both judicial decisions and statutes coexist.

  • If no legislation applies to a case, common law rules can be used.

• Civil Code System:

  • Operates differently, with judges applying a pre-established code.

  • Judges interpret statutes rather than making rules.

Interaction of Legislation and Common Law

• Legislatures create laws that can modify common law rules.

• If a common law rule is ambiguous or unclear due to new legislation, courts may interpret the legislation in conjunction with existing rules.

• Legislation can only displace common law when clearly stated.

Judicial Precedent and Its Implications

• Courts do not revisit cases based on new legislation retroactively.

• New laws apply only to future cases unless explicitly stated otherwise.

• Courts aim to provide continuity and certainty in the law by adhering to previous decisions.

Role of Courts in Legislation Interpretation

• Courts act as interpreters of both legislation and the constitution for clarity and applicability.

• Legislation is often written broadly, requiring courts to provide detailed interpretations to address ambiguities.

Common Law Rules of Interpretation

1. Literal Rule

• Read the words of a statute in their ordinary and natural meaning.

• Apply definitions as they are commonly understood without absurdity.

2. Golden Rule

• Aims to avoid outcomes that would be absurd under strict literal interpretation.

• Encourages interpretation that aligns with logical reasoning rather than legalistic language.

3. Mischief Rule

• Understand legislation in the context of the problem it seeks to address (the mischief).

• Investigates the intent behind the law by considering discussions or debates surrounding its enactment.

Hypothetical Case Study: The Small Bird Protection Act

Overview of the Act

• Defines a "bird" as any small animal with feathers on its back.

• Prohibits killing a bird, punishable by a fine.

Scenario: Emily and the Pony

• Emily's pony dies after stepping in a hole, she acts to humanely end its suffering.

• Prosecutors aim to charge Emily under the Small Bird Protection Act due to the literal definition.

Defense Arguments

• Utilize the Golden Rule: the literal definition leads to absurdity; ponies are not birds.

• Employ the Mischief Rule: clarify the law's intent to protect small birds; the act does not intend to encompass larger animals or those not commonly considered birds.

Legal Argument Strategies

• Prosecutors typically focus on a strict interpretation based on the literal rule.

• Defenses may argue multiple interpretations at trial and on appeal by supplementing with broader evidence and context.

• Legal arguments must remain consistent and supported by relevant evidence to be effective.