meanings. In this regard, dictionary definitions are a useful, almost necessary
starting point for interpretation. Be aware, though, of the limitations of a
dictionary –
for example, no dictionary is perfect and words shimmy about.
Moreover, some of the forms of ambiguity exposed in the next chapter would
not ordinarily be captured or completely captured in the dictionary definition
of a term.
Reuse Words
Another method is to take the words under scrutiny and use them in another
context. This gives a fresh look at the provision. It also enables you to make a
contrast between two settings where the provision is used and in this way may
enlighten you as to the ambiguity and even as to its possible resolution.
There is a good illustration in Corkery v Carpenter.
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There,
Corkery had
been charged with being drunk while in charge of a “carriage” because he was
pedalling his bicycle while under the influence of alcohol. The issue, therefore,
was whether a bicycle was a “carriage”.
To show popular usage, counsel
recited a popular music hall song. As far as relevant it went: “Daisy, Daisy,
give me your answer true, I’m half crazy, all for the love of you. It won’t be
stylish marriage, I can’t afford a carriage, but you’ll look sweet upon the seat
of a bicycle built for two”.
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Through the intensity of this marriage proposal readers can see how the song
illustrates that
in popular usage
the word “carriage” is not taken to include a
bicycle. Whether this was the legally correct position was precisely the issue in
this case. Unfortunately in the case, the rhetoric of romance did not prevail and
Corkery, the inebriated pedaller, was convicted.
Catalogue of Ambiguity
It is vital to appreciate that ambiguity comes in
several forms. These move
beyond the entries in a dictionary to include other ways in which a word can
seem to mean two or more things.
These forms of ambiguity are discussed in the next chapter.
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Analysis in that
chapter demonstrates how ambiguity takes
different forms and thus provides
readers with a catalogue of various types of ambiguity which can function as a
check list. This assists readers in becoming more proficient at detecting
160
Corkery v Carpenter [1951] 1 KB 102
161
Corkery v Carpenter [1951] 1 KB 102, p 103
162
William Empson "Seven Types of Ambiguity" 1930 Chatto and Windus:
London is a classic and deals with ambiguity from a literary perspective, showing
how ambiguity of feeling creates imagery and affects our senses. It is not of
specific or direct relevance to legal interpretation.
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