Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire

Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.

Benigne faciendae sunt interpretations chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissime contra donatorem interpretanda est

Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor.

Concessio versus concedentem latam interpretationem habere debet

A grant ought to have a liberal interpretation against the grantor.

In re dubia benigniorem interpretationem sequi non minus justius est quam tutius

In a doubtful matter, to follow the more liberal interpretation is as much the more just as it is the safer course.

Interpretation

n. 1. The process of determining what something, esp. the law or a legal document, means; the ascertainment of meaning. "Interpretation, as applied to written law, is the art or process of discovering and expounding the intended signification of the language used, that is, the meaning which the authors of the law designed it to convey to others." Henry Campbell Black, Handbook on the Construction and Interpretation of the Laws 1 (1896). "There is more to interpretation in general than the discovery of the meaning attached by the author to his words. Even if, in a particular case, that meaning is discoverable with a high degree of certitude from external sources, the question whether it has been adequately expressed remains." Rupert Cross, Statutory Interpretation 149 (1976).

Mandata licita strictam recipiunt interpretationem, sed illicita latam et extensam

Lawful commands receive a strict interpretation, but unlawful ones receive a wide and an expansive interpretation.

Minime mutanda sunt quae certam habuerunt interpretationem

Things that have had a fixed interpretation are to be altered as little as possible.

Quando verba et mens congruunt, non est interpretationi locus

When the words and the mind agree, there is no room for interpretation.

Testamenta latissimam interpretationem habere debent

Wills ought to have the broadest interpretation.

administrative interpretation

An interpretation given to a law or regulation by an administrative agency.

administrative interpretation.

See INTERPRETATION.

authentic interpretation

Interpretation arrived at by asking the drafter or drafting body what the intended meaning was. "The procedure of referring the doubtful statute to its author has acquired a name in the literature of jurisprudence. It is called authentic interpretation.' ... [Although] this device has been tried in . . . recent times in certain European countries, ... [it] has always failed, and no thoughtful adviser would recommend it to any government today." Lon L. Fuller, Anatomy of the Law 29-30 (1968).

broad interpretation

See liberal construction under CONSTRUCTION (2).

comparative interpretation

A method of statutory interpretation by which parts of the statute are compared to each other, and the statute as a whole is compared to other documents from the same source on a similar subject.

contemporaneous and practical interpretation

See contemporaneous construction under CONSTRUCTION.

customary interpretation

Interpretation based on earlier rulings on the same subject.

extensive interpretation

A liberal interpretation that applies a statutory provision to a case not falling within its literal words.

grammatical interpretation

Interpretation that is based exclusively on the words themselves.

interpretation clause

A legislative or contractual provision giving the meaning of words frequently used or explaining how the document as a whole is to be construed.

liberal interpretation

Interpretation according to what the reader believes the author reasonably intended, even if, through inadvertence, the author failed to think of it.

limited interpretation

See restrictive interpretation.

literal interpretation

See strict construction under CONSTRUCTION.

logical interpretation

See INTERPRETATION,

logical interpretation.

Interpretation that departs from the literal words on the ground that there may be other, more satisfactory evidence of the author's true intention.

restricted interpretation

See restrictive inter pretation under INTERPRETATION. restricted security See SECURITY.

restrictive interpretation

An interpretation that is bound by a principle or principles existing outside the interpreted text. - Also termed restricted interpretation; limited interpretation; interpretatio limitata. Cf unrestrictive interpretation.

rule of interpretation

See canon of construction under CANON (1).

statutory interpretation

See STATUTORY CONSTRUCTION.

strict interpretation

Interpretation according to what the reader believes the author must have been thinking at the time of the writing, and no more. 0 Typically, this type of reading gives a text a narrow meaning.

teleological interpretation

See purposiue construction under CONSTRUCTION.

unrestrictive interpretation

Interpretation in good faith, without reference to any specific principle. Cf. restrictive interpretation. 2. The understanding one has about the meaning of something. 3. A translation, esp. oral, from one language to another. 4. CHARACTERIZATION. - interpret, vb. - interpretative, interpretive, adj. See CONSTRUCTION (2).