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SECT. Interpretation of Laws. (3
plain I say with him there is he makes a great difference
with him between the interpreting of a
Law and the construing of a Statute. Wherein
that difference lies , between things so liable to be taken for the same, it would not have been
amiss in him, had he told us.to have told us. He has done
no such thing. I will endeavour to do it
fromfor him, after I have travelled through attended him
[both] these articles. what he has said of the articles themselves. The difference between the
two could not now be can not will be as after has of
so commodiously explained , as after the account he gives
of each of them has been examined.
Legislators not
to interpret
Rescripts disapproved
of by our
Author.
Who shall any one be the Law's interpreter? HisA question
this that opens into a large field of enquiry.
To [ ] part of that field is take a full survey of it is
a task too long to be attempted here. It to be sufficientwill be
enough for us to shew how little a way our Author
has seen into it our Commentator
has seen.
"When any doubt", says he, " arose upon the
"construction of the Roman Laws , the usage was to
"state the case to the Emperor in writing , and take
"his opinion upon it. This was certainly a bad method
"of interpretation. To interrogate the Legislature
"to decide particular disputes, is not only endless
"but affords great room for partiality and oppression.
"The answers to the of the Emperor were called
"his rescripts , and these had in succeeding cases the
Identifier: | JB/028/079/003 "JB/" can not be assigned to a declared number type with value 28.
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079 |
[[info_in_main_headings_field::sect. [ ] interpretation of laws]] |
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f1 / b2 / f3 / b4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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