Legal Interpretation Integrating Mîmâmsâ Rules of Interpretation by J K Verma – 1st Edition 2024

Description

Breaking away from the notion that ‘interpretation’ means ‘statutory interpretation’, Dr. J.K. Verma has consciously titled this book “Legal Interpretation” as it covers not only ‘statutory interpretation’ but interpretation of all types of legal texts. This book is spread over 4 parts and 10 chapters.

Part I spreading over three chapters, keeping the needs of the law students and budding lawyers in mind and also as quick refresher to others, discusses what is law natural law, public law, common law, enacted law, judge made law, customary law etc. and sources of law; as also general features of law.

Part II covers the principles of interpretation divided into four chapters dealing with ‘Textual Interpretation’, ‘Contextual Interpretation’, Secondary principles of interpretation and Aids to interpretation.

Part III containing two chapters deals with interpretation of particular statutes. One chapter is devoted to Constitutional interpretation discussing principles of determining constitutional validity, important constitutional amendments and interpretation of commonly pressed Articles of the Constitution, in brief. Interpretation of some particular statutes like penal statutes, procedural statutes, fiscal statutes etc. are dealt with in the other chapter.

Commonly we come across the observation of the Supreme Court that the High Court has misinterpreted or misunderstood and misapplied its judgment. Therefore Part IV containing one chapter is devoted to interpretation of judgments, deeds and other legal instruments including contracts, commercial agreements and international treaties. The book relies mainly on judgments and materials which are easily accessible to make it user friendly.

Emphasising the relevance and therefore the need of reviving the ancient Indian principles of interpretation known as Mimâmså – oldest in the world – this book has integrated the “Mimâmså Rules of Interpretation” in interpretational process underlining that Mîmâmså can well be applied to modern law in the way as we apply the principles handed down by Maxwell and other western authorities.