The law, once designed to ease and enhance the day-to-day living of humans is
now one of their biggest hurdles, ironically, the more it eases our living the
more ambiguous and difficult it gets to interpret and understand the law,
Putting the modern dilemma of legalese, back to the question "HOW CLEAR IS THE
CLEAR". Language, defined and designed to make the information pass through the
masses is, now used so obscurely, that even the Morse code would feel a bit
ashamed, the minimal use of words in such a way that a normal man would not dare
to reread an article or section, has gasped the legalese hunt for legality to
into a Shakespearian nightmare.
This treatise endeavors to traverse the labyrinthine profundities of statutory
linguistic obfuscation, with the ostensibly arcane objective of demarcating the
multifarious ramifications of syntactic and semantic indeterminacies,
elucidating the epistemological substratum underpinning such lexical
equivocations, and engaging in the paradoxically quixotic endeavor to preempt
the very vagaries that it seeks to demystify, simply it means, "This research
delves into ambiguity in statutory language, to define, how it impacts, how
ambiguity occurs and how not to make to ambiguous".
Further, understanding "HOLY LEGAL DIALECT" has been a formidable challenge in
the quest for greater understanding. This literature review is conducted with
the aim of bridging the gap between the esoteric nature of legal language and
practical clarity, contributing to a more profound grasp of how legal dialect
impacts both interpretation and application. This paper strives to mirror the
intricacies of legal labyrinthine, which is ventured by none other legalese
himself.
Introduction
Statutory Interpretation is a process through which courts and legal
professionals elucidate and apply legislative texts, Through this process, one
interprets, analyses, and understands the statutory language to determine the
meaning intended and how they are too to be applied in specific cases, in
Cooley's words, "Interpretation is the art of finding out the true sense of any
form of words and enabling others to drive from them the same meaning which the
author intended to convey", by which he means the law texts should be
understood, as it was intended by the maker or legislature in the way he wanted
it to understood.
Ambiguity in statutory language arises when text in law, can be interpreted in
more than one way or the words used are vague, unclear, and broad due to changes
in language due to change in time. To point out the major reason for ambiguity
is rather hard to determine, or such ambiguity might be unintentional, from
drafting error, or intentionally left for future judicial intervention, another
significant factor contributing to ambiguity could be the use of complex
phrasing and arrangement of words that hinder comprehension.
In an article by Joseph A. Grundfest & A. C. Pritchard, titled "Statues with
multiple personality disorder: the value of ambiguity in statutory design and
interpretation" published by Standford Law Review, the title particularly suits
the research as some of the statutes do look like psychological disabled with
multiple personalities with several loose ends, creating different meaning or
rather "personality" when tried to understand, analyses and interpret, creating
major ambiguity, such statutes are put in dock for major interpretation do they
fail such interpretation leading major ambiguity.
They formidably argue that intentional ambiguity by the legislator himself to
avoid commitment to specific details or ambiguity in statutes can be
intentionally designed to accommodate future uncertainties and complexities, now
these can be done so that in the future these can interpreted as a necessity and
adapt for those unforeseen circumstances, which wouldn't be possible if it was
rigid and no scope ambiguity was left there.
As quoted in their own words, "Statutory ambiguity provides a convenient tool
for political compromise, allowing legislators who disagree about the merits of
specific policies to agree on an ambiguous provision that can later be
interpreted to satisfy their divergent goals", highlighting the inherence of
ambiguity in statutes.
This too works as a double-edged sword as it helps for future unforeseen
circumstances, but this becomes challenging for individuals and businesses to
predict how the law will be applied in specific situations and varied
interpretations make the law unequal or unjust and this also makes the law very
gullible to be manipulated for one's benefit and a significant drawback of
ambiguity is that it fails to provide clear direction for interpretation, which
can lead to unpredictable legal outcomes. When a statute is vague, it does not
specify the precise scope or application, making it challenging for judges to
determine a consistent and coherent direction for interpreting the law.
Theoretical Perspectives on Ambiguity
Further staging up on the research Joseph A. Grundfest & A. C. Pritchard, to
understand the Theoretical Perspective on ambiguity can be studied as per the
theories of H.LA Hart and Ronald Dowakin, they discuss two dimensions of legal
ambiguity, which are both complementary and distinct, both emphasizing on the
key aspect of ambiguity of statutes for better understanding and interpretation
of law and statutes.
H.LA Hart argues, with his theory of "open texture of law" in his work, Concept
of Law, 1961.
Hart too, argues the same as Joseph A. Grundfest & A. C. Pritchard did in their
research work, as the law is inevitably incomplete because the legislator can't
foresee future circumstances, where he further argues inherent ambiguity which,
will always exist with or without the intent of the legislator.
He further argues, that the judicial interpretation of statutes, as law, is not
exhaustive it can't cover every scenario and situation that will occur in the
future and such law is to be interpreted by judges, as they are legal officers,
as argued by Joseph Raz, in his work "Authority of law" where he argues judges
are legal officer whose primary law is to interpret and apply law impartially.
Also, in contemporary times, such an idea is too appreciated and followed, and
judicial intervention which is a key feature of the Constitution, argued by
great scholars like Alexander Hamilton, John Marshall, H.LA Hart, etc. H.LA
argued it in the same "
Open Texture of Law", focusing on judicial interpretation
of statutes which are ambiguous and there he also argues how such ambiguity is
necessary, this makes the law for more flexible, where recognizes and accepts
legal flexibility over legal uncertainty, believing such flexibility is not a
flaw but a need of law, or "An Evil That Must Exist" for the greater good or
not, but he does fail to address that this evil creates its very own evil as in
such ambiguity, reaching a paradoxical end of, "To defeat evil, does one
necessarily create another evil?
To better say in his own words, quoted here, "The open texture of law refers to
the fact that legal rules can never be formulated with complete precision, and
that there will always be a margin of indeterminacy which requires judicial
interpretation."
H.LA Hart and Joseph A. Grundfest and Adam C. Pritchard in their work both argue
the same regarding the need for ambiguity in the law in their own perspective in
regard to it, one argues inherence of ambiguity in law, and the latter argues
strategic use of ambiguity in the law but fails to address the different
interpretation of different judges and failing to mention which direction any of
such interpretation is needed to be done, need for balance between flexibility
and certainty in statues and these open to interpret statutes are often open and
susceptible to manipulation from judges and legislators.
Optima Est Lex Quae Minimum Relinquit Arbitrio Judicis; Optimus Judex Qui
Minimum Sibi
The legal maxim, translate to "The best law is one that leaves the least to the
discretion of the judge; the best judge is one who exercises the least
discretion", Cicero, a Roman statesman, lawyer orator, and philosopher, born in
106 BC, argued for legal certainty and clarity, advocating for an unambiguous
framework of law, where the law is free from any biases or any idea of biases,
irrelevant to the existence of such bias, leaving too much to discretion and
interpretation of judge, may often lead to an interpretation of the law that
legislator never intended, we humans are full of biases that affects our day to
day choices to everything we do consciously or unconsciously, whenever much is
left on the human psyche to interpret such underlying bias be it a conscious or
unconscious process it will surely affect and will reflect on judgment.
Hence
leading to an interpretation and construction which is an ultra-virus of what
really legislator intended, also sound be infringing of natural justice to any
such accused, also a judgment or interpretation of law or statute must also be
free from any idea of biases, from the accused mind or at least at majority, he
or society at large must not be under indignation that he was done wrong, the
sympathy and apathy must be toward the victim not the accused and if such
happens, there is something off..
for instance, hypothesize a judge, during his childhood, his mother was killed
by bandits, and in a case relating to bandits, he might consciously or
unconsciously give bandits a rigorous punishment, which in themost common sense
of the crime shouldn't be given, but such interpretation of the ambiguous law
left in the discretion of the judge interprets it in such a nature or way that
such punishment or judgment seems right, which it would not in any common
sensuality of the nature of crime.
Further leaving too much in the discretion of the judge or any person leads
anarchical or totalitarian state of system which is never the best way to move
forward for amore just,concise and equity-prone society.
The law in its truest and purest essence should be very simple and clear, the
focus should not be on convoluted interpretations or the nuances of legal
language, but rather on establishing the fact of the breach itself. The essence
of legal practice should pivot on proving the guilt associated with breaking the
law, rather than debating its interpretation., thelaw in essence of
establishing guilt can be left to interpretation to understand who, why, how,
when, andwhere someone broke the law, but thelaw must be formulated with a
clear delineation of permissible and impermissible, one must understand rigidity
in application, flexibility in understanding of law.
Rigid, hard, and fast in its directive, articulated in such aprecise manner as
to avoid any ambiguity but in theapplication, thelaw must be accommodating
enough to understand in which social context or construct such unlawful act
occurred, can help the law to remove or at least try to remove such construct,
as Émile Durkheim in this theory anomie, arguing normlessness in society due to
mismatch or dispute between societal and personal goals.
T.A. Pillai vs State of Tamil Nadu (AIR 1970 SC 192)
The key aspect here was, whether coconut was agricultural produce, and as per
Pillai such was exempted from taxation. The question of law here was, Is Coconut
exempted from taxation?
The court held coconut is indeed an agricultural produce but how it is used
makes it taxable, referring to the manner they are sold and used. The court
argued that they were not items of everyday consumption in the context other
granted to essential agricultural products were exempted, the court further
argued coconuts are primarily used for enhancing taste or flavor in various food
preparations, rather than being consumed as a staple or a necessity in daily
use, therefore categorized coconuts as a commercial product.
Mangalore Sahu Ramhari Sahu vs Sales Tax Officer (1974)
The key aspect here was, whether lemons, green chilies, and ginger should be
classified as vegetables. The question of law here was, can sales tax on the
sale of lemons, green chilies, and ginger be exempted?
The court argued in favor of the petitioner and argued, lemons, green chilies,
and ginger as vegetables, as they were items of everyday consumption.
One of the major dichotomies in both of the aforementioned cases is, how coconut
is not anitem of everyday consumption and lemon, chilies, and ginger are items
of everyday consumption and coconut is primarily used for enhancing taste or
flavor.
The subjective ness of such interpretation is viably visible, in no common sense
lemon or ginger are used for consumption, and even if all four (lemon, ginger,
chilies, and coconut) are used as taste enhancers and not as stand-alone food
items, all them are auxiliary item to the main food for purpose of taste
enhancement and further in very general sense coconut can also use in daily
consumption, in to regard to make coconut condiment, made daily in the southern
part of India, The discretionary nature of law makes every judgment ambiguous in
itself, rather than fulfilling.
It's almost as if the judges are stuck in a culinary comedy sketch, relying on
their taste buds to dictate the law rather than any semblance of objective
reasoning. The strawberry world of judges ah sorry the gingered chilly lemonade
world of the judges, where ginger, lemon, and chilies together make
a stand-alone dish called whimsical judiciary, better than the coconut that's
just for fancy desserts. What is lemon tea propaganda is this judiciary?
Instead
of upholding principles of justice with unwavering integrity, we find them lost
in a world where the line between sustenance and frivolity is as blurred as a
poorly blended smoothie. It raises a perplexing question: has the pursuit of
justice been muddled into the chef show? Ahh, it doesn't taste good, it's
unessential !!!
Ronald Dworkin's law's theory, where Dworkin/s argues that law is not just a
system of rules but a practice of moral interpretation guided by principles of
justice and fairness and elaborates on it, he addresses how thelaw should be
interpreted and therole of judges in thelegal process.
He argues law must be interpreted in light with integrity, which means that
judges must interpret law as a part of coherent and moral principle law, he
argued law is not just a mere mechanical application but needs moral judgment.
He uses a Chain Novel Analogy, where he suggests every interpretation must be
done in addition and consistency with every judge before him, also with
consistent with amoral structure, as he argued law must be viewed as
a continuous narrative.
He further argued in contrast to positivist ideology, that judges are there just
to apply law and rule, where thelaw is unclear, the judge is to act in his/her
discretion, by interpreting legal principles that reflect justice, fairness, and
themoral foundation of community. He argues for interpretive, where he argues
judge needs to look beyond thepre-existing set of rules, incorporating
the border principle of morality.
He further criticized HLA. Hart and Legal positivist ideology, legal positivism
argue law is asystem of rules, Dworkin argues rules alone cannot explain how
judges actually decide cases, is by general principles of fairness, equity, and
justice. Dworkin rejects Hart's idea that judges have discretion in hard cases.
Instead, he believes that even in the absence of clear rules, there is still a
"right answer" based on legal principles that judges should strive to find.
"Integrity in law is the key to understanding the force of legal rights. We have
a right to equal concern and respect in the design and administration of the
political institutions that govern us. These rights extend beyond the rules
written in statutes and regulations. They embody principles that judges must
apply in a coherent and morally sound way, treating each case as part of a
whole."
"Discretion, like the hole in a doughnut, does not exist except as an area left
open by a surrounding belt of restriction. It is misleading to suppose that
judges first find the law, then, when they cannot find it, make thelaw. For
legal principles, unlike rules, do not issue from official enactments and are
not subject to the plain fact view of positivism."
Dworkin too argues for legal ambiguity but in a very subtle way in regard his
acknowledgment of such ambiguity he defines the direction and way such
interpretation is required to be done, he also argues such discretion is only
when their law is unclear and he argues against any discretion to judge when the
law is clear and exist, he seeks judges to apply the law.
He reaffirms even when thelaw is ambiguous, there is always a correct answer and any interpretation
done must be in pursuit of it with the help of the integrity of thelaw, he
argues judgment needs to be objective rather than general view of the subject,
Dworkin's believe toward law being interpretive doesn't sit quite well with
Austin and Hart who argued for law from a positivist view, Dworkin was one the
biggest critics of legal positivism and further in his work the more he argued
for an interpretation of thelaw the more he argued for the framework of
interpretation as "How to Interpret", making him one of a kind and as Steven
Ross in his review of Dworkin's work say's and I quote "In some respects, this
is an ambitious and interesting book. In others, it is a rather disappointing
one"
Types of Ambiguity
Ambiguity, as per Oxford Dictionary, "It is a state of having more than one
possible meaning". Ambiguity arises when any word, statement, expression, or
phrase can be understood or interpreted in multiple ways, leading to ambiguity.
Stanford Schane in his research work argues "Ambiguity occurs where there is
lack of clarity or there is uncertainty about the application of the term. It is
this sense of uncertainty that is meant in law, and other is the more
restrictive sense which is concerned with amore lexical and grammatical part of
the fabric of words".
Ambiguity in general is vagueness, and uncertainty regarding what the author or
legislator intended to say, it is misinterpretation of the idea the author
intended to propagate, this misinterpretation can lead to severe problems in the
application of law and serving fair, concise justice.
Stanford Schane quotes Justice Oliver Wendell Holmes Jr, who was a prominent
jurist and legal thinker who said "Law is a profession of words", by the means
of words contracts, statutes come into existence, so this becomes a moral
obligation that legislators should use these words in such a way it depicts
without any vagueness and uncertainty.
The ambiguity majorly can be of two types:
Semantic Ambiguity:
Semantic Ambiguity is when any individual word or phrase, in a statute has
multiple meanings, this ambiguity doesn't arise from the statement as awhole
but from the words used to construct such statute.
Semantic Ambiguity can arise, for various reasons:
- How the language is used in a certain place?
- How had the language evolved in certain places?
- How are words structured in a statement?
- Usage of words that have multiple meanings
How the language is used in acertain place?, How had the language evolved in
certain places?, these two questions are much more pragmatic, as they go beyond
just the basic meaning but how language is inferred in certain places.
For example:
Ramavatar Budhaiprasad vs. Assistant Sales Tax Officer (1961)
The key aspect was whether betel leave should be considered "vegetable", the
Central Provinces and Berar Sales Tax Act, exempting them from taxes.
The major question regarding thelaw was theinterpretation of theword
"Vegetable". What constitutes "Vegetable;" and do betel leaves fall under the
term "Vegetable"?
The Supreme Court held that betel leaves are not vegetables. In the common,
everyday sense, vegetables are edible plants typically grown in kitchen gardens
and consumed as food.
Here, the word "Vegetable" creates semantic ambiguity, as it has different
meanings depending on whether it is used botanically (technical sense) or in
everyday language (common sense). Thepetitioner argued in atechnical sense,
arguing betel leaves are plants, but the court interpreted it in thecommon and
everyday sense.
Shivprasad Soni vs State of Madhya Pradesh (2007)
The key aspect was, whether gold alloys, such as 14-carat or 18-carat gold,
which is not pure gold but amixture of gold and other metals, be treated as
gold, under the Gold Control Act, of 1968.
The court held that the gold alloys would be held under theterm "gold" under
theact despite common sense usage of theword gold in pure, 24-carat form. The
judgment interpreted gold in its technical sense.
Here the word "Gold" creates semantic ambiguity, as it has different meanings
depending on whether it is common sense or technical sense.
Syntactic Ambiguity
Syntactic Ambiguity occurs when, ambiguity arises through the structure of
asentence or the way words are used, which leads to multiple
interpretations.When asentence remains ambiguous even after reading the entire
sentence altogether or half of it.
Syntactic Ambiguity may arise from:
- Misplaced modifiers
eg. She served pancakes to the children on paper plates.
- Unclear Pronoun Reference
eg. John told Steve that he had won the lottery.
- Multiple possible word function
eg. The duck is ready to eat
- Punctuation
eg. Let's eat, Grandma!
Sir Edward Coke, an English jurist of the16th century, gave the legal maxim
"verba ita sunt intelligenda ut res magis valeat quam pereat" which means "Words
are to be understood in such a way that the matter may have theeffect rather
than fail", where he emphasized on understanding legal language in the way it
gives effect to law rather than the ambiguities.
This principle guides judges and lawyers in resolving ambiguities, such as those
arising from misplaced modifiers or unclear references, to ensure that legal
documents fulfill their intended purpose
Various Principles of Interpretation
There are various principles of interpretation, andthese principles help judges
to interpret statutorily and look past the ambiguity in statutes, some ofthese
principles are:
- Ejusdem Generis: Ejusdem Generis, is a Latin maxim that means "of the same kind or class". This principle is applied when general terms follow specific terms, and those general terms are interpreted in context to such specific terms.
- Noscitur a Sociis: Noscitur a sociis is another Latin maxim that says, "A word is known by the company it keeps." This principle suggests that the meaning of a word can be understood by the words accompanying it.
- Golden Rule: The Golden Rule states that when the judge interprets the statute, and the literal rule of interpretation leads to absurdity, the judge deviates from such interpretation to his judicial discretion.
- Heydon's Rule: Heydon's Rule, also called the mischief rule, asks four major questions:
- What was the common law before the statute was passed?
- What was the "mischief" or defect that the common law did not address?
- What remedy did the legislature propose to cure the mischief?
- What was the true reason for the remedy?
- Literal Rule: Literal Rule follows the Latin maxim Absoluta sententia expositore non indiget, which means "An absolute sentence or expression needs no explanation." The literal rule emphasizes the plain, literal, and ordinary way of words in statutes.
- Reasonable Rule: Reasonable rule follows the Latin maxim Ut res magis valeat quam pereat, which means, "It is better for a thing to have an effect than to be made void." It interprets statutes logically and reasonably, promoting a sensible outcome.
- Harmonious Rule: The Harmonious Rule mandates that the various provisions of a statute must be interpreted in a way that ensures consistency and harmony. It argues that the provisions of a statute must be consistent with the object of the statute.
These principles help a lot in moving past ambiguity in laws and statutes, but
these principles are subjective to thediscretion of the judge and his
application, making the uses of these principles very shallow for example the
scope of ejusdem generis is minimal and the idea of same class or group can be
very subjective, moreover, the principle used is under much discretion of judges
which give more power to judges and could lead to arbitrary decision and
application of these principles in their benefit, different legal scholars have
given their criticism against these principles, majority criticized literal rule
and thegolden rule.
Literal Rule wascriticized by HLA Hart and Lord Dennings, they argued that
theordinary meaning of a word can make the law rigid and may often lead to
unjust results, whereas Dworkin, AV Dicey argued against thegolden rule as it
gives too much discretion and power in thehand of judges which can lead to
arbitrary decision making.
These principles play amajor role in helping and aiding thejudiciary and
others in theinterpretation and construction of statutes but also hand too much
power to the judges for such interpretation and is overly subjective, someone
might use one rule to interpret while another might use different rule whichever
suits or benefits him.
For example. In thecase Motipur Zamindary Co. Ltd. v. State of Bihar (1956)
The question arose about whether sugarcane should be considered a vegetable, as
certain vegetables were exempt from sales tax, TheKey question was, does
sugarcane qualify as aVegetable?
The Court held that sugarcane is not a vegetable under the ordinary, common
understanding of the term.
Here Sugarcane was interpreted by the use of theLiteral rule. Still, Someone
might interpret Sugarcane, with the view of the golden rule and could interpret
sugarcane as avegetable or could use Noscitur a Sociis, and argue If the
statute includes a list of various plants categorized as "vegetables." Those
include edible plants that may not fit the strict botanical definition, the
court could interpret "vegetable" to include sugarcane as part of that broader
classification.
There is no definitive interpretation or way to interpret the law or statute.
The law is best understood as a collaborative enterprise, and the best
interpretation of any law is the one that demonstrates the most respect for the
moral principles underlying the law ~ Dworkin
Judicial discretion must be exercised with caution to ensure that the rule of
law is upheld and not overshadowed by personal judgments ~ Dicey
Conclusion
In berating the obscurity of the legal labyrinth, the classic "tit for tat" as
the very legal dubiety confronted by legalese, is the major downside of this
paper. Ambiguity in law is a major problem before this review is concluded,
let's think, abouthow can we remove these ambiguities from law and statutes, we
can talk and go by very basic and simple ways like using simple and precise
language, provide context, don't use ambiguous words and frame sentences better
and simple way that is not ambiguous, use clear terminology and referencing,
give aninclusive and exhaustive definition of important terms.
These are very
basic and simple ways we can make law a less ambiguous and vague, but what about
the ambiguity that legislators insert himself, the ambiguity that doesn't rise
due to words or formation of words or terms or anything mentioned before, but an
ambiguity legislator wanted to exist, to make law have more than one
interpretation to make law flexible and un rigid, no matter how much precise and
simple terms are used in statute law will always generate a sense of ambiguity,
ambiguity is part of law that will exist with it like dark spots of moon, no
matter how you frame law, how much rule are used, there will always be ambiguity
and the major problem for it is, Law now is not for people but people are for
law now.
No matter how diligently we frame laws or apply interpretative rules, ambiguity
will persist as a fundamental characteristic of legal discourse. This reflects a
troubling shift in perspective: the law appears to serve itself, rather than the
people it is meant to govern, that law is not being used by common people but is
rather being used forsome legality as a common person is unaware of thelaw and
its intricacies, this lack education and awareness is another major reason why
thelaw is ambiguous.
Law has transcended its usefulness to common people to
rule and regulate society to a language of gods, which is only understood and
taught to people of nobility, a common man to understand law needs to bewell
versed beforehand in itself, to understand law and its nuances. Unknown exists
due to exists due to the multifaceted nature of legal language, the evolving
interpretations of statutes, and the inherent complexities of legal systems.
This ambiguity arises from various sources, including vague terminology, the
intentional flexibility embedded in laws by legislators, and the socio-cultural
context in which laws are developed and applied. Moreover, the lack of legal
education and awareness among the general public contributes significantly to
this unknown, as individuals are often left to navigate a labyrinth of legal
jargon without the necessary tools or knowledge to comprehend it fully.
Consequently, this creates a chasm between the law and the people, leading to a
pervasive sense of confusion and detachment.
Another major flaw is thelack of direction, andhow to interpret, even if you
buy natural justice, what is justice to you might not be justice to me or
someone else this multifaceted nature of justice creates a philosophical dilemma
and question of how do you interpret and what counts as justice, is it just the
simple nuance of, "do right to the wronged", to serve justice one needs to
understand the complexity of justice that inherently exist in it, justice can be
interpreted as one wants there is no exhaustive definition, what justice is
defined by what people in authority decides, and that authority used to society
at large back then in early times and now is law creating and executing bodies,
society at large has not died but taken rather more formal form and defines
what's wrong and right, what is justice and what's not.
What is required is not a mechanical application of rules but a conception of
the law as a matter of principles. This involves a constant dialogue about what
justice demands, shaped by the values of the community ~
Dworkin
Legal principles are not merely guidelines; they embody the moral considerations
that people in society agree upon. Interpretation of law involves a moral
reasoning that goes beyond a mere logical deduction from established rules ~
Dworkin
In conclusion, ambiguity remains a pervasive challenge in the realm of law,
highlighting the intricate relationship between language, interpretation, and
justice. The inherent complexities of legal language, coupled with the evolving
nature of societal values and norms, create a landscape where multiple
interpretations can coexist, often leading to confusion and misapplication.
While various principles of interpretation exist to aid judges and legal
practitioners in navigating these ambiguities, their subjective application can
sometimes result in arbitrary outcomes, underscoring the delicate balance
between the rule of law and judicial discretion.
To mitigate the challenges posed by ambiguity, it is essential to advocate for
clearer legislative drafting practices that prioritize precision and
inclusivity. Employing straightforward language, providing context, and defining
key terms exhaustively can significantly enhance the accessibility and clarity
of legal statutes. However, it is crucial to acknowledge that some level of
ambiguity may be intentionally embedded within laws by legislators, allowing for
flexibility in interpretation. This intentionality raises questions about the
purpose of law: whether it serves the populace or exists as a self-perpetuating
construct.
Moreover, the disconnection between legal discourse and the general public
exacerbates the perception of law as an esoteric language, accessible only to a
select few. The lack of legal education and awareness among citizens further
complicates their ability to engage with the law meaningfully, perpetuating a
cycle of confusion and alienation.
Ultimately, the quest for justice in a legal context requires more than a
mechanical application of rules; it demands a principled approach that considers
the moral and ethical dimensions of society. As we navigate the complexities of
legal interpretation, it is imperative to foster a dialogue that emphasizes
justice's multifaceted nature, shaped by the community's shared values and
principles. Only through this collaborative engagement can we hope to bridge the
gap between law and the people it governs, ensuring that legal systems are not
merely instruments of regulation but reflections of the justice and fairness
they are intended to uphold, "Ambiguity is a necessary evil in the life of
legalese and law".
The law is not a set of rules; it is a seamless web of principles that judges
must interpret in light of their best understanding of justice.~
Dworkin
References:
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- Mangalore Sahu Ramhari Sahu v. Sales Tax Officer (1974). AIR 1974 SC 300.
- Ramavatar Budhaiprasad v. Assistant Sales Tax Officer (1961). AIR 1961 SC 1325.
- Shivprasad Soni v. State of Madhya Pradesh (2007). AIR 2007 MP 456.
- Motipur Zamindary Co. Ltd. v. State of Bihar (1956). AIR 1956 SC 450.
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