Under Washington State canons of statutory construction, what is the Pari Materia Rule? Here’s my point of view.
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CANONS OF CONSTRUCTION
A canon of construction is “[a] rule used in construing legal instruments, esp. contracts and statutes.” Black’s Law Dictionary 219 (8th ed. 2004) (emphasis added).
NOTE: “A frequent criticism of the canons [of construction], made forcefully by Professor Llewellyn many years ago, is that for every canon one might bring to bear on a point there is an equal and opposite canon. This is an exaggeration; but what is true is that there is a canon to support every possible result.” Id. (citing Richard A. Posner, The Federal Courts: Crisis and Reform 276 (1985)) (internal quotation marks omitted).
THE PARI MATERIA RULE: INTERPRETING CONFLICTING STATUTORY PROVISIONS
Legal statutes can sometimes be difficult to interpret, particularly when different sections of a law appear to contradict one another. In such cases, courts rely on certain principles of interpretation to clarify the law’s intent. One such principle is known as pari materia, a rule of construction used when two provisions within the same statute or related statutes seem to conflict. The rule states as follows:
Reading the statutes in parimateria the rule of construction applies, that as between two conflicting parts of a statute, that part latest in order of position will prevail, where the first part is not more clear and explicit than the last part.
Schneider v. Forcier, 67 Wn.2d 161, 164, 406 P.2d 935 (Wash. 1965) (internal citation omitted).
Thus, the pari materia rule states that, when conflicting provisions exist, the more recent one—meaning the provision that comes last in the text—should generally take precedence. However, there’s an important exception to this. If the earlier provision is more precise or clearer in its wording, then it may still outweigh the later provision. This ensures that the most unambiguous and straightforward part of the law is followed, even if it isn’t the most recent.
THE POLICY BEHIND THE RULE
The rationale behind this rule is based on the idea that legal texts evolve over time through amendments, updates, or revisions. As laws change, they may introduce new provisions that supersede older ones. However, if the latest change is unclear or in conflict with the earlier law, courts prioritize clarity and explicit meaning to maintain consistency and avoid confusion in the legal system.
In practice, this rule helps resolve contradictions in a way that reflects the likely intent of lawmakers, allowing the law to adapt to new circumstances while maintaining a logical structure. By applying pari materia, judges can ensure that the most recent and relevant expression of the law is given proper weight, unless it conflicts with the clear intent of previous provisions.
CONCLUSION
The pari materia rule is an essential tool for interpreting statutes that contain conflicting sections. By giving preference to the most recent provisions, while allowing earlier, clearer provisions to take precedence when necessary, it helps ensure that the law remains consistent, coherent, and true to its original intent. This rule strikes a balance between respecting legislative changes and honoring the clarity of earlier laws.
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