Legal Definitions - literal canon

The term literal canon refers to a fundamental principle of legal interpretation that emphasizes understanding and applying legal texts—such as statutes, contracts, or constitutional provisions—based solely on the plain, ordinary, and grammatical meaning of the words used at the time they were written. It is a core component of an interpretive approach known as strict constructionism.

When a court or legal professional applies the literal canon, they focus exclusively on what the words themselves say, without considering external factors like the unstated intentions of the drafters, the broader "spirit" of the law, or potential societal consequences that might arise from a strict reading. The goal is to give effect to the exact language as it appears, assuming the words were chosen deliberately and precisely.

Here are some examples illustrating the application of the literal canon:

• Example 1: Statutory Interpretation

  Imagine a state law passed in 1950 that states, "No person shall operate a motor vehicle on public roads without a valid driver's license." In 2023, a person is cited for operating an electric scooter without a license. A judge applying the literal canon would first determine the ordinary meaning of "motor vehicle" as understood in 1950. If, at that time, "motor vehicle" clearly referred only to cars, trucks, and motorcycles, and did not encompass smaller, electric-powered devices like scooters, the judge might rule that the law does not apply to the scooter. The interpretation would strictly adhere to the historical, plain meaning of "motor vehicle," rather than considering whether the legislature *intended* to regulate all forms of motorized transport or if modern scooters pose similar safety risks to cars.

• Example 2: Contractual Agreement

  Consider a commercial lease agreement that includes a clause stating, "The tenant shall pay rent on the first day of each month. If rent is not received by the fifth day of the month, a late fee of $100 will be assessed." If a tenant pays rent on the sixth day of the month, a landlord applying the literal canon would assess the $100 late fee. They would not consider arguments such as the tenant's bank experiencing a technical issue on the fifth day, or that the tenant has always paid on time in the past, or that the landlord suffered no actual financial harm from the one-day delay. The plain language of the contract clearly sets the deadline and the consequence for missing it.

• Example 3: Constitutional Provision

  Suppose a city charter, written in the late 1800s, states, "All public meetings shall be open to the citizenry." In the modern era, a city council attempts to hold a meeting via a private video conference call, arguing that "open to the citizenry" can be satisfied by providing a live stream link to the public. However, a court applying the literal canon might interpret "open to the citizenry" based on its ordinary meaning in the late 1800s, which would likely imply physical presence and direct access to the meeting location. The court would focus on the literal, historical meaning of "open" and "meeting" rather than adapting the language to modern technology or considering the council's intent to increase accessibility through virtual means.