Classification of Interpretation — Jolowicz & Fitzgerald

# Classification of Interpretation

## A. Prof. H.F. Jolowicz's Classification (from Lectures on Jurisprudence)

```

INTERPRETATION

/ \

LEGAL DOCTRINAL

(binding rule) (real & true

meaning)

/ \ / \

Authentic Usual Grammatical Logical

```

### 1. Legal Interpretation

Applies when there is an actual rule of law which binds the judge to place a certain interpretation on the statute.

#### (a) Authentic

When the rule of interpretation is derived from the legislator himself (e.g., a Definitions clause).

#### (b) Usual

When the interpretation comes from some other source such as custom or case law.

### 2. Doctrinal Interpretation

Applies when the purpose is to discover the real and true meaning of the statute.

#### (a) Grammatical

The court applies only the ordinary rules of speech for finding out the meaning of the words used in the statute.

#### (b) Logical

The court goes beyond the words and tries to discover the intention of the statute in some other way (e.g., examining purpose, context, history).

## B. Fitzgerald's Classification

```

INTERPRETATION

/ \

LITERAL FUNCTIONAL

(sticks to verbal (departs from letter,

expression) seeks intention)

```

### Literal Interpretation

• Regards conclusively the verbal expression of the law.
• Does not look beyond the literaligis (the letter of the law).

### Functional Interpretation

• Departs from the letter of the law.
• Seeks elsewhere for more satisfactory evidence of the true intention of the legislature.

## Comparison Snapshot