Quote:
Originally Posted by classhandicapper
I don't want to debate a lawyer on the law given my knowledge level is zero.
But intuitively (and possibly incorrectly) I think laws should be as precise as possible to avoid these issues. If something is not mentioned specifically, it should probably automatically be excluded. In your example, you should try not to use a word like "vehicles" specifically because it's so ambiguous some pain the ass lawyer is going to try to make it about something it's not. And if the intent was to include bicycles and skateboards etc... you should have put that in there from the start. If you accidentally excluded something you should go back to work and change the law if that's the will of the people. I think the system was set up to function fairly well, but it has become a disaster due to politics and badly created laws. Anyway, I don't understand any of this issue with HISA and I'm going to even try. I'd prefer to put my energy into the DD.  |
The first principle you list is the "rule of lenity"- an actual rule lawyers apply in interpretation. Err on the side of narrowing the prohibition.
The rest of it, I can only tell you that to "put it in from the start" requires that you get it through a legislature full of politicians, and sometimes it isn't even possible because the only way to get a bill through is to leave something ambiguous. (This happens in contract negotiations too, BTW. The parties can't agree on something, want to do the deal, and leave the term open or ambiguous. Later the lawyers have to clean up matters when there's a dispute.)
And, of course, you can't anticipate everything. If "no vehicles in the park" predated the automobile, how do we apply it to the automobile? Or some weird set of facts comes up, as in the Coronation Cases (e.g., Krell v. Henry) where a renter paid above market rent to rent an apartment to see a coronation parade that was later postponed. What do you do?
And there's also the problem that when you write detailed, unambiguous regulations, they are pages long and nobody reads them.
We try. Believe me, in our perfect world, we want as many foreseeable cases to be dealt with as possible, in as clear language as possible. It's not that easy.
