Interpretation considers history, relationship, and consequence.
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Principle Interpretation considers history, relationship, and consequence.
Purpose
This page records a core interpretive principle in Tsm’syen law: legal meaning is not extracted from isolated words or abstract rules. It is determined through continuity of history, the responsibilities created by relationships, and the consequences of decisions for people, houses, and territory.
Statement of Law
Interpretation considers:
- History — what has been witnessed before, and what precedents exist in ayaawx and adaawx.
- Relationship — who is bound to whom, and what duties arise from house, clan, name, and territory.
- Consequence — what a decision will produce, who will bear the cost, and whether balance is maintained.
How Interpretation Works
History (Continuity)
- Prior outcomes matter.
- Past resolutions guide present decisions.
- Interpretations that erase precedent weaken legal continuity.
Relationship (Duty)
- Rights are tied to responsibilities.
- Authority arises from lawful ties (house, name, territory), not personal preference.
- Interpretation must respect the roles and limits carried by each party.
Consequence (Balance)
- Interpretation must consider foreseeable effects on people, land, and governance.
- Harm creates accountability.
- Outcomes should restore balance rather than reward exploitation.
Limits
- Interpretation does not create new law by personal opinion.
- Interpretation cannot be used to bypass house authority or erase lawful jurisdiction.
- Interpretation must be accountable before witnesses and consistent with ayaawx.
Modern Context
In modern disputes, this principle prevents legal distortion by:
- cherry-picking words while ignoring context
- treating law as detached “policy” rather than responsibility
- using technical language to escape duty
- importing external standards that conflict with Tsm’syen legal order
Practical Indicators
A lawful interpretation will usually:
- align with known precedent (ayaawx/adaawx)
- identify the relationships and duties involved
- explain consequences openly
- avoid opportunism and hidden benefit
- remain defensible before witnesses over time