Chapter 10
Classifying Meanings
Introduction
Lexical Ambiguity
Relational Ambiguity
Ambiguity of Implication
Ambiguity of Competing Versions
Ambiguity of Competing Rules
Introduction
In Step 1 of the model for interpreting law, as has been forcibly stated, a court
must clearly identify all of the meanings of the ambiguous provision. These are
labelled Meanings 1-n in the model for interpreting law. This chapter sets out a
catalogue of various types of ambiguity, some of which possess sub-types.
Discussion indicates the cause and nature of each ambiguity and the range of
meanings that each will generate. Where relevant it mentions maxims or legal
rules that incorporate or illustrate the ambiguity. Understanding the nature of
the ambiguity facilitates the task, in Step 1, of identifying the meanings of the
ambiguous provision. Understanding both the cause and the nature of the
ambiguity facilitates the task, in Step 2, of formulating arguments to resolve the
ambiguity.
Lexical Ambiguity
Introduction
Lexical ambiguity refers to ambiguity about the meaning of words. While
lexical ambiguity can arise in either common law or statute, it poses a more
acute problem in statutes. In statutes there is only one text. Common law rules
may be stated in different ways in different judgments (or even in the same
judgment); hence any ambiguity may be resolved by an explanation of a rule or
alternative formulations of the rule in later cases. So, because lexical ambiguity
is more prevalent in statutes than in cases the ensuing discussion is directed
mainly to statutes.
Degree
Many descriptive words involve attaining an unspecified amount or degree of
some attribute, and for this reason are often relative and subjective, and
consequently ambiguous. Examples are adjectives such as thick, thin, long,
short and tall, to name but a few. This ambiguity is reflected in the common
sayings: "How long is a piece of string?" and "How much is enough?"
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