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Microlesson · 5-min read

Classification of Interpretation (Jolowicz & Fitzgerald)

## Classification of Interpretation

### (A) Prof. H.F. Jolowicz (Lectures on Jurisprudence)

Jolowicz classifies interpretation into two broad heads:

```

Interpretation

/ \

Legal Doctrinal

/ \ / \

Authentic Usual Grammatical Logical

```

  • Legal interpretation — interpretation that has the force of law.
  • Authentic interpretation — by the legislature itself (e.g., through a defining statute or explanation).
  • Usual interpretation — by long-standing legal usage or by courts in the ordinary course.
  • Doctrinal interpretation — interpretation by jurists and scholars based on principles.
  • Grammatical interpretation — focuses on the letter of the law, i.e., the literal meaning of words.
  • Logical interpretation — focuses on the spirit of the law, going beyond the literal text to the intended sense.

### (B) Fitzgerald

Fitzgerald gives a simpler two-fold classification:

```

Interpretation

/ \

Literal Functional

```

  • Literal interpretation — gives effect to the plain meaning of the words used.
  • Functional interpretation — looks at the function/purpose the law is meant to serve, going beyond bare words.

### Bridging the Two Classifications

  • Jolowicz's 'Grammatical' ≈ Fitzgerald's 'Literal' (the letter).
  • Jolowicz's 'Logical' ≈ Fitzgerald's 'Functional' (the spirit / function).

Worked example

### Example 1

Mapping a real situation: Suppose a statute fixes a tax on 'vehicles' and a question arises whether a bullock cart is included.

  • A grammatical / literal interpretation looks at the dictionary meaning of 'vehicle' and may include the cart.
  • A logical / functional interpretation looks at the purpose of the tax (perhaps motor vehicles using public roads) and may exclude the bullock cart even though the literal meaning would include it.

⚠️ Common exam mistakes

  • Confusing 'Authentic' interpretation (by the legislature) with 'Doctrinal' interpretation (by scholars).
  • Treating literal/grammatical and functional/logical as the same — they are different approaches and may give different results.
  • Memorising only one classification — examiners may quote either Jolowicz or Fitzgerald.
Reference:
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