Рет қаралды 1,671
‘Noscitur a Sociis’ is a Latin phrase that means ‘It is known by its associates’
This rule says that while interpreting a statute, the meaning of a word in that statute should be known from its accompanying or associating words.
For example, if the law says that “Throwing trash into lakes, rivers, streams, and other bodies of water is a crime.” -
and there is a need to precisely decide the meaning of this ‘other bodies of water’, that is where the ‘Noscitur a Sociis’ rule can be used.
Since lakes, rivers and streams are natural bodies of water - this law can be said to include the sea as well. So, throwing trash into the sea is a punishable crime.
However, a swimming pool though it is a body of water, it is not a natural body of water - so swimming pools are not covered under this law.
Another principle to remember in the context of this rule and also others, is that the same words bear the same meaning in the same statute.
Once you have decided as to what is the meaning of these words ‘other bodies of water’, that meaning will apply wherever these words are used in the statute.
You cannot keep changing the meanings of the words from one part to another.
Unless of course, there is a context to why the meaning should be different in different parts of the same statute,
Or there is a proper reason for changing the meaning,
Or if using the same meaning is causing some absurdity or injustice,
Or if there are different circumstances being dealt with in different parts of the statute,
Or if the same words have been used in different contexts in different parts of the statute.
You may notice that this rule is similar to the rule of ejusdem generis - well, there is a difference - the ejusdem generis rule is applicable in situations where the words used in the statute are more general
- like if this law said that throwing trash into lakes, rivers, streams, and ‘other places’ is a crime.” - the words other places is very generic and the ejusdem generis rule can be used.
But here, the words are more specific ‘other bodies of water’, so the ‘Noscitur a Sociis’ rule can be used.