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My middle child today explained how small children operate principles used in statutory interpretation in the playground.
When at primary school the children played a game called Joiny Joiny in the playground (which in my days at school was called chain tig) where once a child was caught by the person who was "it" they joined hands with that person & if anyone in the chain tagged you you were caught
The game was deemed dangerous and so joiny joiny was banned.
The kids then played a game called sharky sharky which was exactly the same game but with a new name because it was joiny joiny that had been banned.
The kids then played a game called sharky sharky which was exactly the same game but with a new name because it was joiny joiny that had been banned.
The school responded by banning sharky sharky.
The kids then played a game called turtle turtle which was exactly the same game again.
The kids then played a game called turtle turtle which was exactly the same game again.
Again the game was banned so the school noting the pattern banned all games with repeated names.
The response of the children was to introduce a new game called turtle. This was exactly the same as turtle turtle but did not have a repeated name.
The response of the children was to introduce a new game called turtle. This was exactly the same as turtle turtle but did not have a repeated name.
The moral for drafters seems clear.
