for “from the absurd”

“Ab absurdo” or “argumentum ab absurdo” are Latin phrases that refer to an assertion that leads to an absurd, contradictory, or impossible conclusion.

In the law, the terms may refer to a statutory interpretation or an evidentiary suggestion that is, or leads to, an absurdity. Specifically, the term can refer to a pattern or set of suggested legal reasoning or interpretation that leads to an unacceptable conclusion because it results in a conclusion that is patently absurd.

REFERENCE DESK

Sir Peter Benson Maxwell, On the Interpretation of Statutes:

Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity which can hardly have been intended, a construction may be put upon it which modifies the meaning of the words and even the structure of the sentence. This may be done by departing from the rules of grammar, by giving an unusual meaning to particular words, or by rejecting them altogether, on the ground that the legislature could not possibly have intended what its words signify, and that the modifications made are mere corrections of careless language and really give the true meaning.

jdjungle

Share
Published by
jdjungle
Tags: latin

Recent Posts

Attorney-Advocate Rule

The attorney-advocate rule is a rule of ethics in the legal profession that prohibits an…

3 weeks ago

Assumption of Risk

Assumption of risk is a legal doctrine under which a person cannot recover for an…

3 weeks ago

Assize of Nuisance

A judicial writ directed to the sheriff of the county in which a nuisance existed,…

3 weeks ago

Assignor

The maker of an assignment. The person who assigns his or her rights and obligations…

3 weeks ago

Assignment vs. Sublease

In the absence of some prohibition in the lease agreement, a tenant may freely transfer…

3 weeks ago

Assignment of Contracts

An assignment is a transfer of contract obligations to another party. It is a method…

3 weeks ago