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C
Interpretation
4.
If there should be particular provision that
appears to at first sight to be repugnant to one more general, let
them be reconciled however if possible: if not, let the
particular prevail over the general.
5.
Reasons
For the particular provision is established upon
a nearer and more exact view of the subject than
the general: of which it may be regarded as an
a correction. The narrower and more special the idea
which is the object, the clearer and more determinate is a
man's judgment with relation to it.
6
But if such a case should ever happen it is a
mark of human imbecillity, and proceeds of from
an inaccuracy of comprehension either in the Legislator
or in the Judge. of the Legislator, inasmuch as he has sh made use of for making use of expressions that are contradictory: or of the Judge; for supposing in as much as he has supposed expressions to be contradicting, which are not so If it be is to be imputed
to the Legislator, it is a fault blemish in the Law itself,
and as such ought to be corrected: therefore if the
Judge thinks it such, let him make representation
thereof to the Legislator
7.
Whatsoever the Legislator had in view to express
and intended to express, but failed to express
either through haste or inaccuracy of language, so
much it belongs to the Judges in the way of interpretation,
to supply.
8.
But what he never had in view to express,
although if he had had it in view he would have expressed
it expressly that such matter it belongs not to Judges in the way of interpretation to
supply
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C
Interpretation
supply. As if he admit omit a ground of justification
or of aggravation, which there is reason to think suppose, had he thought of it, he would have inserted.
Identifier: | JB/100/090/002 "JB/" can not be assigned to a declared number type with value 100.
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jeremy bentham |
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