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Simple English definitions for legal terms
literal canon
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A quick definition of literal canon:
Literal Canon: This means that when judges interpret a document or law, they should only look at the exact words written and not try to guess what the writer meant. This is also called strict constructionism or textualism. It is especially important when dealing with laws that have punishments. A strict constructionist judge will only follow the literal words of the law, without considering other sources to understand its meaning.
A more thorough explanation:
Definition: Literal canon is a legal term that refers to the strict constructionism doctrine. This doctrine holds that judges should interpret a document or statute, especially one involving penal sanctions, according to its literal terms without looking to other sources to ascertain the meaning.
Examples: For instance, if a statute says that a person who steals a car will be imprisoned for "not less than three years," a strict constructionist judge would interpret this to mean that the minimum sentence is three years, and not a day less. Another example is if a contract states that a party must pay a certain amount of money "on or before the 15th day of the month," a strict constructionist judge would interpret this to mean that the payment must be made on or before the 15th day of the month, and not a day later.
Explanation: These examples illustrate the literal canon doctrine because the judges are interpreting the document or statute according to its literal terms without looking to other sources to ascertain the meaning. They are not considering the intent of the lawmakers or the context in which the document or statute was written. Instead, they are strictly adhering to the words used in the document or statute.