namma kitta irukkaradhu dhammaa thoondu piece of information... adhai interpret panni solradhula variations wud be ekkachakkam..... for instance there are various Principles regarding interpreation of constituion.. they are
1. Textual. Decision based on the actual words of the written law, if the meaning of the words is unambiguous. Since a law is a command, then it must mean what it meant to the lawgiver, and if the meaning of the words used in it have changed since it was issued, then textual analysis must be of the words as understood by the lawgiver, which for a constitution would be the understanding of the ratifying convention or, if that is unclear, of the drafters. Some the law there is not any departure. 5 Coke 118. Noscitur à sociis. Meaning of words may be ascertained by associated words. 3 T.R. 87.
2. Historical. Decision based less on the actual words than on the understanding revealed by analysis of the history of the drafting and ratification of the law, for constitutions and statutes, sometimes called its legislative history, and for judicial edicts, the case history. A textual analysis for words whose meanings have changed therefore overlaps historical analysis. It arises out of such Latin maxims as Animus hominis est anima scripti. Intention is the soul of an instrument. 3 Bulst. 67.
3. Functional. Also called structural. Decision based on analysis of the structures the law constituted and how they are apparently intended to function as a coherent, harmonious system. A Latin maxim is Nemo aliquam partem recte intelligere potest antequam totum perlegit. No one can properly understand a part until he has read the whole. 3 Coke Rep. 59.
4. Doctrinal. Decision based on prevailing practices or opinions of legal professionals, mainly legislative, executive, or judicial precedents, according to the meta-doctrine of stare decisis, which treats the principles according to which court decisions have been made as not merely advisory but as normative. Some Latin maxims are: Argumentum à simili valet in lege. An argument from a like case avails in law. Coke, Littleton, 191. Consuetudo et communis assuetudo ... interpretatur legem scriptam, si lex sit generalis. Custom and common usage ... interpret the written law, if it be general. Jenk. Cent. 273. Cursus curiæ est lex curiæ. The practice of the court is the law of the court. 3 Buls. 53. Judiciis posterioribus fides est adhibenda. Credit is to be given to the latest decisions. 13 Coke 14. Res judicata pro veritate accipitur. A thing adjudicated is received as true. Coke, Littleton, 103.
5. Prudential. Decision based on factors external to the law or interests of the parties in the case, such as the convenience of overburdened officials, efficiency of governmental operations, avoidance of stimulating more cases, or response to political pressure. One such consideration, avoidance of disturbing a stable body of practices, is also the main motivation for the doctrinal method. It also includes such considerations as whether a case is "ripe" for decision, or whether lesser or administrative remedies have first been exhausted. A Latin maxim is Boni judicis est lites dirimere. The duty of a good judge is to prevent litigation. 4 Coke 15.
6. Equitable. Also called ethical. Decision based on an innate sense of justice, balancing the interests of the parties, and what is right and wrong, regardless of what the written law might provide. Often resorted to in cases in which the facts were not adequately anticipated or provided for by the lawgivers. Some scholars put various balancing tests of interests and values in the prudential category, but it works better to distinguish between prudential as balancing the interests and values of the legal system from equitable as balancing the interests and values of the parties. It arises out of the Latin maxim, Æquitas est perfecta quædam ratio quæ jus scriptum interpretatur et emendat; nulla scriptura comprehensa, sed sola ratione consistens. Equity is a sort of perfect reason which interprets and amends written law; comprehended in no code, but consistent with reason alone. Coke, Littleton, 24.
7. Natural. Decision based on what is required or advised by the laws of nature, or perhaps of human nature, and on what is physically or economically possible or practical, or on what is actually likely to occur. This has its origin in such ancient Latin maxims as: Jura naturæ sunt immutabilia. The laws of nature are unchangeable. Jacob. 63. Impossibilium nulla obligatio est. There is no obligation to do impossible things. D. 50, 17, 185. Lex non cogit ad impossibilia. The law does not compel the impossible. Hob. 96. Lex neminem cogit ad vana seu inutilia peragenda. The law requires no one to do vain or useless things. 5 Coke 21. Legibus sumptis desinentibus, lege naturæ utendum est. Laws of the state failing, we must act by the law of nature. 2 Rol. Rep. 98.
Kitta thatta nummaloda kalvettu inscriptions, copper plates inscription ellaame have to be interpreted with the above premise. adhu dhaan thaazhmaiyaana opinion.
one can understand certain things.. the other person may understand the other things... yaaru eppadi purinjukkaraa ngradhai poruthu dhaan kannottame amaiyum....
our entire arguments are based upon circumstantial evidence only ....
so what we can say is that, there is a greater possibility of one act being committed over the other....
but pls remember we are talkig about possibilities and not the exact happennings...
hence the other possibility cannot be ruled out.. so Pls be assured that unless there is direct proof or evidence there can never be a conclusion...
All we can say is that "this might have happenned"..so there is a lot of scope for discussions and ambiguity unless it is an act or occurence is proved without doubt.
I really appreciate that history should stand on unmaiyaana tharavugal.. there is no second thoughts.. but what is unmaiyaana tharavugal has to be established .....
Regarding a published material becoming a fact, i beg to differ.. Mein kampf too was published ... it is afact that the book had been published.. but the contents of the book may not be facts.... so always a scope for rework.
supreme court judgement ae is amenable to review ... appadi irukkumbodhu anumaanangalum , circumstantial evidence ayum adippadiyaaga konda derivatives mattum review panna mudiyaadhaaa????