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Sect. Interpretation. 42.
But lastly, the want universal and effectual way of
discovering the true meaning of a law, when the
words are dubious, is by considering the reason and
spirit of it; or the cause which moved the legislator
to enact it. For when this reason ceases, the law itself
ought likewise to cease with it. An instance of this
is given in a case put by Cicero or whoever was
the author of the rhetorical treatise inscribed to Hereu—
nius. a There was a law, that those who in a
storm forsook the ship should forfeit all property
therein; and the ship and holding should belong entirely
to those who stand in it. In advantageous tempest
all the mariners forsook the ship, except only one
such passenger, who by reason of his disease was una—
"ble to get out and escape. By chance the ship
"came safe to port. The sick man kept possession
"and claimed the benefit of the law. Now here all
"the learned agree" (why is it that learning is to be made
judge?), "That the sick man is not within the reason
of the law: for the reason of making it was, to
give encouragement to such as should venture their lives to save the vessel: but this is a merit, which
he could never pretend to, who neither stand in the
ship upon, that account, nor contributed any thing to
"it's preservation."
Under this lead, our Author to do him justice is lite—
rally precise and regular: so that only a part only
a 3 01. 1. c. 11.
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089 |
[[info_in_main_headings_field::sect. [ ] interpretation]] |
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f41 / b42 / f43 / b44 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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