Note of CHAPTER 7: PURPOSIVE INTERPRETATION and H.L.A HART’S PENUMBRA and RONALD DWORKIN’S HARD CASE, from exam perspective (cursory note).
CHAPTER 7: PURPOSIVE INTERPRETATION and H.L.A HART’S PENUMBRA and RONALD DWORKIN’S HARD CASE.
Purposive Interpretation
This type of interpretation gives highest priority to the object of legislation. Fuller states that there should be purposive interpretation of law and one need to seek morality at the same time of looking at the purpose of law. Fuller also stays with that at the time of interpreting statutes and looks at the purpose of why the law has been made.
Dworkin stated that to interpret statutes or law you have to see the ground of law which are:
What makes law?
What is it?
While interpreting if there are various interpretations then you need to go with the one which is closed and the best one.
H.L.A Hart’s Penumbra
H.L.A Hart states that the language of law or the language of words have two meanings one is the settled meaning and other is the meaning which requires extra legal reasoning because of the vagueness that it has.
And it is the penumbra which basically requires interpretation.
Ronald Dworkin’s Hard Case
Hard cases are the cases in which the legal questions required a difficult interpretation. He emphasized that the ground of law needs to get identified and then the meaning needs to be constructed in regard to hard cases.
Example: - Riggs Vs. Palmer is a hard case, as it requires difficult interpretation.
Dworkin has formulated the concept of ground of law. According to Dworkin, constructive interpretation or purposive interpretation is a process of imposing purpose on an object in order to make it the best possible example. Furthermore, to be best one need to look at what fits and what is the best justification.
Purposive construction of enactment is the one which gives effect to legislative purpose by following the literal meaning of enactment and applying a strained meaning if the literal meaning is not in accordance with legislative purpose.
Prepared and Edited by Manish Rajak and Madhu Dahal
