The Literal Rule is a principle of statutory interpretation that requires judges to interpret a statute's words according to their plain and ordinary meaning, without consideration of the statute's purpose or the consequences of the interpretation. While the Literal Rule can be helpful in promoting certainty and predictability in the law, it also has both pros and cons.
Advantages
Promotes certainty: The Literal Rule provides a clear and predictable meaning for the statute's words, making it easier for individuals and businesses to comply with the law.
Upholds separation of powers: The Literal Rule limits the power of the judiciary to interpret statutes, as it requires judges to defer to the plain meaning of the words chosen by the legislature.
Encourages legislative precision: The Literal Rule encourages the legislature to draft statutes with precise and unambiguous language, as any ambiguity or inconsistency in the language will be strictly interpreted by the courts.
Disadvantages
Ignores legislative intent: The Literal Rule can lead to an interpretation of the statute that is contrary to the legislature's intent, as it does not allow judges to consider the purpose or context of the statute.
Can create absurd results: The Literal Rule can lead to absurd or unreasonable results when the literal meaning of the words produces an outcome that is clearly contrary to the legislature's intent or the policy considerations underlying the statute.
Limited flexibility: The Literal Rule can be inflexible and may not allow for exceptions or variations in the interpretation of the statute based on changing circumstances or societal needs.
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