| Canons of legal construction exist because of ambiguity in human language. Here are a few that illustrate common imprecision in language.[0] Conjunctive/Disjunctive Canon. And joins a conjunctive list, or a disjunctive list—but with negatives, plurals, and various specific wordings there are nuances. Last-Antecedent Canon. A pronoun, relative pronoun, or demonstrative adjective generally refers to the nearest reasonable antecedent. Series-Qualifier Canon. When there is a straightforward, parallel construction that involves all nouns or verbs in a series, a prepositive or postpositive modifier normally applies to the entire series. Nearest-Reasonable-Referent Canon. When the syntax involves something other than a parallel series of nouns or verbs, a prepositive or postpositive modifier normally applies only to the nearest reasonable referent. Proviso Canon. A proviso conditions the principal matter that it qualifies—almost always the matter immediately preceding. General/Specific Canon. If there is a conflict between a general provision and a specific provision, the specific provision prevails (generalia specialibus non derogant). ——- [0] https://www.law.uh.edu/faculty/adjunct/dstevenson/2018Spring... |