PHILOS 2Q03 Chapter Notes - Chapter 5: Karl Llewellyn, Carbonated Water, Reference Question
3 Apr 2018
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Remarks on the theory of appellate decision and the rules or canons. Ambiguity -> when there"s a vagueness between some options. Disputed meaning arguments -> what lawyers use to analyze ambiguous text ex. Perrier agued that it is not a beverage" as a beverage is a manufactured drink, produced by mixing ingredients. Wanted to get out of beverage taxes as naturally carbonated water is not fitting. Minister of revenue said a beverage is any liquid fit for human consumption, therefore included water. In 1900s woman in alberta tried to get involved in politics. Argued prostitutes were only tried by men. Women were not considered a persons" under canadian law. Appointed her senator to take the case to court, still couldn"t be one. Static argument: word or phrase should be read with its original intent/meaning. Dynamic argument: word should be understood in current context. Government argued for static, plaintiff for dynamic.
