Advantages and Disadvantages of the 'ejusdem generis' rule

Created by: stephloupoole
Created on: 07-05-14 13:54


	Advantages and Disadvantages of the 'ejusdem generis' rule
	Advantages there is no requirement for the draftsmen to write an exhaustive list of everything that is included the act can cover circumstances which might not have been covered by the draftsmen it allows the act to adapt to changes in society	Disadvantages it is not always predictable what the judges will consider to be the same category as the specific words it allows for judicial law-making which is not desirable
	Evaluation under this rule, where general words follow particular words the general words are interpreted to be of the same kind as the particular words for example in the phrase 'dogs, cats, and other animals' the particular words are 'dogs' and 'cats'. the general words are 'other animals' Under the ejusdem generis rule the general words would be interpreted in line with the particular words. therefore since dogs and cats are domestic animals, then the general words of 'other animals' would be interpreted to mean other domestic animals.

Advantages and Disadvantages of the 'ejusdem generis' rule

Advantages

there is no requirement for the draftsmen to write an exhaustive list of everything that is included
the act can cover circumstances which might not have been covered by the draftsmen
it allows the act to adapt to changes in society

Disadvantages

it is not always predictable what the judges will consider to be the same category as the specific words
it allows for judicial law-making which is not desirable

Evaluation

under this rule, where general words follow particular words the general words are interpreted to be of the same kind as the particular words for example in the phrase 'dogs, cats, and other animals' the particular words are 'dogs' and 'cats'. the general words are 'other animals' Under the ejusdem generis rule the general words would be interpreted in line with the particular words. therefore since dogs and cats are domestic animals, then the general words of 'other animals' would be interpreted to mean other domestic animals.

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Advantages and Disadvantages of the 'ejusdem generis' rule