Chapter 9
Detecting Meanings
Introduction
Issues
Meanings
Caution
Introduction
For interpreting law, the first step in the model is to identify the meanings of
the ambiguous provision. This chapter explains the techniques for performing
this task. There
are two major steps. First, it is necessary to recognise
that
there is an issue which requires interpretation, and to frame this issue
accurately. Second, it is necessary to examine the issue and to identify the
meanings of the ambiguous provision that causes the issue to arise.
Issues
Introduction
Discussion commences by explaining the effect of ambiguity. This enables us
to understand how to find and frame an issue.
Effect of Ambiguity
To explain the effect of ambiguity we take the example used in earlier
discussion.
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This showed a cause of action with Elements 1-n where there is
ambiguity within one element, namely Element 2. Element 2 has two possible
meanings, designated Element 2 Meaning 1 and Element 2 Meaning 2.
Conveniently these can be compressed into the form Element 2M1 and
Element 2M2. Element 2M1 is satisfied by Fact 2M1 which is proved by
Evidence 2M1. In a similar way, Element 2M2 is satisfied by Fact 2M2 which
is proved by Evidence 2M2. We can set out this information in the following
table, which is an extended excerpt from the model for litigation:
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Law
Law
Facts
Evidence
Element 2M1
Fact 2M1
Evidence 2M1
Element 2
Element 2M2
Fact 2M2
Evidence 2M2
Figure 9.1 Effect of Ambiguity on Litigation
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Chapter 4 Forming Law
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Chapter 18 Model for Litigation
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