Mischief rule意思
"Mischief rule" is a legal term that refers to a principle used in the interpretation of statutes. It is also known as the "mischief that the statute was intended to cure" or the "purposive approach" to statutory interpretation. This rule is based on the idea that when interpreting a statute, the court should look at the problem or "mischief" that the statute was designed to address, and then apply the statute in a way that best remedies that mischief.
The mischief rule is derived from the works of Sir William Blackstone, an 18th-century English jurist, who suggested that the court should look at the historical context and the problem that the legislation was intended to solve. By understanding the mischief that the statute was intended to remedy, judges can interpret the law in a way that is consistent with the legislature's purpose.
The application of the mischief rule involves several steps:
- Identify the "mischief" or problem that the statute was intended to address.
- Examine the language of the statute to determine how it was designed to solve that problem.
- Interpret the statute in a way that best achieves the purpose of remedying the mischief, even if it means going beyond the literal meaning of the words.
The mischief rule is often used when the language of a statute is unclear or ambiguous. In such cases, the court will look beyond the literal meaning of the words to the underlying purpose of the statute. This approach is intended to ensure that the statute is interpreted in a way that is consistent with the intent of the legislature and that achieves the objectives of the law.