Under the modern approach, how should the interpretation of legal terms be conducted?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The interpretation of legal terms under the modern approach emphasizes understanding the terms within the broader context of the legislative scheme. This means that when interpreting legal provisions, one should consider how the terms fit into the overall objectives and framework of the Act. The modern approach encourages looking at the purpose behind the legislation, ensuring that the interpretation aligns with the intent of the law as it is intended to operate in practice.

By applying this holistic perspective, interpreters can better capture the nuances of the law and achieve results that reflect legislative goals, rather than focusing solely on individual terms or isolated historical contexts. This approach also supports the principle of giving effect to the law in a way that serves justice and the overall legislative purpose, rather than constricting the understanding to just original intent or historical context without considering current relevance and application.

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