Once a law is made, the model is a guide to understanding why it was made as
it was. This can aid those who administer the law, especially when they have to
exercise any discretions created by the law. Furthermore, it can help those
who have to interpret the law by identifying the policy behind the law because
as discussed interpretation should, on one view, further this policy. It will also
be very helpful in any review of the law by the legislature. For these reasons
there is a good argument for a legislature which enacts a law to enact a policy
statement to accompany the law. In this way those who have to administer,
interpret or review the law have easy access to the reasoning process which
brought the law into existence.
In addition to these uses, the model for making law has special value where the
law being considered is common law. The model is a guide to reading a case
that has made common law. Since the model is a guide to making common law
it enables a person who is reading a case to know and look for the steps taken
to make the law. In this way they can more easily identify the common law rule
which the case has made. This, as explained later, is the ratio of the case.
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Interpreting Law
Clearly the model for interpreting law can be used by a court when interpreting
law. It can also be used in a variety of
related tasks such as arguing a case,
advising a client on a question of interpretation, writing on a question of
interpretation and reading about a question of interpretation.
Interpretation by a Court
The model can guide courts in the task of interpretation. A court will interpret
best if it proceeds according to the model. It has to identify the various
meanings of an ambiguous provision and the effect which each meaning will
cause. It then identifies the arguments for and against each meaning (aided by
submissions from lawyers) and, if necessary, weighs those arguments. Having
done this the court is now well placed for the final step, namely, to make its
decision by declaring one meaning of the ambiguous provision to be the legally
correct meaning.
Arguing Before a Court
The model guides lawyers when they have to argue the case in court for their
client. It identifies all of the options and enables them to marshal their
arguments towards a meaning of the ambiguous provision they are arguing for
or against.
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Chapter 13 Precedent
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