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SECT. Interpretation—
(4
Question concerning
the Interpreter ill-distinguished
from
that concerning
the method of
interpretation.
"force of Laws perpetual laws;"--- ][ This , for then
a is one "method he of interpretation" which it seems he does
not like: he says it is a "bad" one. In the
next paragraph he comes to another method
which he does like: "he calls it the fairest
and most rational". "The fairest and most rational
"method of to interpret the will of the Legislator,
"is by exploring his intentions at the time when
"the Law was made, by signs the most natural
"and probable. And these signs are either
"the words , the context , the subject matter, the
"effects and consequence, or the spirit and reason
"of the Law."
Thus clear is he in his distinctions. This
by the signs, and the preceding one by the
Legislature are both spoken of as "methods
of interpretation": seemingly opposed to each other,
and the preference given to the latter. But suppose
the Legislator interprets the Law is
interpreted by the Legislator, and he interprets it
by the signs? Is this it a fair and rational method
of interpretation then? or howwhat is it? ][ Of a piece with this criticism would be that of him who should stand up & say : "there were are two "methods" of doing a piece of work : that by the workman , & that by the instrument: The first of these method is a bad one. The second is that which is the fairest and most rational
It is time to offer a few hints to elucidate this
confusion. What is to be made of these signsThe particular account given of these signs
he speaks of will be considered afterwards. ][
Identifier: | JB/028/079/004 "JB/" can not be assigned to a declared number type with value 28.
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not numbered |
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028 |
comment on the commentaries |
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079 |
[[info_in_main_headings_field::sect. [ ] interpretation of laws]] |
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004 |
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text sheet |
4 |
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recto |
f1 / b2 / f3 / b4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9344 |
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