| 翻訳と辞書 |
| Last antecedent rule ： ウィキペディア英語版 |
Last antecedent rule
The last antecedent rule is a doctrine of interpretation of a statute, by which "Referential and qualifying phrases, where no contrary intention appears, refer solely to the last antecedent."〔(Behind the Scenes of the Comma Dispute by Kenneth A. Adams (Globe and Mail, Aug. 28, 2007) )〕 The rule is typically bound by "common sense"〔(The Free Dictionary )〕 and is flexible enough to avoid application that "would involve an absurdity, do violence to the plain intent of the language, or if the context for other reason requires a deviation from the rule.".〔(Link v. Hays (Kan. 1998) )〕
A more formulaic approach to the rule requires, "Evidence that a qualifying phrase is supposed to apply to all antecedents instead of only to the immediately preceding one may be found in the fact that it is separated from the antecedents by a comma."〔(Service Employees Int'l Union Local 503 v. Oregon (Or. App. 2002) )〕 Kenneth A. Adams, author of ''A Manual of Style for Contract Drafting'', has criticized this canon of construction as being applied inconsistently and contrary to the guidance of many manuals of style:
Manuals of style recognize that the comma is used to indicate a slight break in a sentence. But according to the Rule of the Last Antecedent, adding a comma after a series of antecedents not only doesn't sever the modifier from the last noun or phrase in the series, it in fact operates remotely on all the antecedents, binding them to the modifier. Nothing in the general literature on punctuation suggests such a mechanism.〔
The last antecedent rule is also applied to contract interpretation.
==References==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Last antecedent rule」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|