Chapter 8
Meanings
Introduction
Meaning of Ambiguity
Causes of Ambiguity
Organising Framework
[L]anguage can carve up the universe -
and ways of experiencing it -
in
uniquely different ways.
143
Introduction
Step 1 in the model for interpreting law is to identify the options before the
court. Options for interpreting law have two parts, the meanings of the
ambiguous provision that requires interpretation and the effect that each
meaning will cause if a court determines it to be legally correct. This chapter
commences discussion of the first aspect, identification of all of the meanings
of the ambiguous provision, while their effects are discussed in a later
chapter.
144
Meanings are, from one perspective, the principal options because
to interpret the provision the court chooses one or more of these meanings as
the correct legal meaning of the provision.
A court interpreting law is faced with a provision in statute or common law
which has two or more meanings. The issue for determination is which of
these meanings the court should choose as the legally correct meaning or
meanings. These meanings, and the choice which they provide, can be set out
in the following table:
Meanings
Meaning 1
Meaning 2
Meaning n
Figure 8.1 Meanings
In this table the possible meanings of the ambiguous provision are designated
as Meanings 1-n. The court may choose one or any combination of these
meanings in the range Meanings
1-n as the correct legal meaning(s) of the
ambiguous provision.
143
Ruth Wajnryb ‘A world-class headache’ The Australian 6-7 July 2002
144
Chapter 11 Effects
 |
 |
 |