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<head>1824. July 17 +<lb/>Constitutional Code</head> <!-- marginal summaries in pencil --> <p><note>IV<lb/><sic>Ch.</sic> XII Judiciary collectively</note><lb/>12 <note>§.16. <sic>Sistitive</sic><lb/>§. 17 Emendatory<lb/>§. 18 <sic>Preinterpretative</sic><lb/><sic>Preinterpretation</sic></note></p> <p><note>29<lb/><sic>Art.</sic> 29. Thus of the<lb/>two modes of evil produced<lb/>by deficiency in<lb/>form, namely want<lb/>of exception and want<lb/>of exemplification, only<lb/>for the later can <sic>preinterpretation</sic> <add><del>by</del></add> <del>by <gap/></del> <add>supplying</add><lb/><del>remedy</del> the deficiency<lb/>be an apt remedy.</note></p> <p>This being | <head>1824. July 17 +<lb/>Constitutional Code</head> <!-- marginal summaries in pencil --> <p><note>IV<lb/><sic>Ch.</sic> XII Judiciary collectively</note><lb/>12 <note>§.16. <sic>Sistitive</sic><lb/>§. 17 Emendatory<lb/>§. 18 <sic>Preinterpretative</sic><lb/><sic>Preinterpretation</sic></note></p> <p><note>29<lb/><sic>Art.</sic> 29. Thus of the<lb/>two modes of evil produced<lb/>by deficiency in<lb/>form, namely want<lb/>of exception and want<lb/>of exemplification, only<lb/>for the later can <sic>preinterpretation</sic><lb/><add><del>by</del></add> <del>by <gap/></del> <add>supplying</add><lb/><del>remedy</del> the deficiency<lb/>be an apt remedy.</note></p> <p>This being <unclear>presented</unclear>, <del>the want of</del> deficiency in respect of exemplification<lb/>will be seen to be <del>that</del> one <add>and the only one</add> of the two <sic>submodes</sic> for<lb/>the removal of which preinterpretation will be the <add>an apt</add> appropriate<lb/>remedy. Being at the same time a relative imperfection, relation being<lb/>had to the mind of the reader as well as to that of the author it will<lb/>very frequently <add>not infrequently</add> be matter of <add>sincere</add> doubt to <del>w</del> the amount of which of<lb/>the two the imperfection ought to be placed: a designation which is particular<lb/>enough for an individual may not be so for another. To the<lb/>number of possible <add>specific</add> exemplifications there are no limits for <del>the <gap/></del><lb/><unclear>one</unclear> under each species the number of exemplifications capable of<lb/>being given without departure from truth is the same as that of the<lb/>actually existing <del>added to that of the</del> individuals actually contained<lb/>under <add>within</add> it added to those which may be imagined to be contained<lb/>under it. Carry to a certain length the process of exemplification<lb/>the mass of the law sinks under its own weight. <add><del>to those</del> also</add> <del>by the birth of the<lb/>while together</del> to those whose interest affected by <del>this or that</del> <add>such and such</add> particular<lb/>those same part are by the bulk of the whole rendered <unclear>insensible</unclear>.</p> <p><note>31<lb/><sic>Art.</sic> 31. To the possible<lb/>number of <add>apt</add> <hi rend="underline">specific</hi> exemplifications<lb/>there can<lb/>be no limit: some under<lb/>each species, as designated<lb/>by a specific<lb/>appellation are contained<lb/>not only all actual<lb/>individuals contained in<lb/>it but all possible ones.<lb/>Thence by the specific<lb/>of an exemplificative<lb/>proposition, no inference<lb/>is necessarily deducible<lb/>to the prejudice of the<lb/>legislative aptitude.</note></p> <p>Accordingly, by the <del>skill of</del> skill of the Judge, called into action<lb/>by the <del>interest in</del> prudence of a party interested relief may be<lb/>afforded to the individual — improvement and in the tenor <add>nature</add> of the law —<lb/>without any the slightest scratch <add>wound</add> to the self <gap/> of the Legislator.<lb/>Not so in the case where <del>b</del> it is by the want of <del>the</del><lb/>some exception requisite that <add>of</add> the <del>risk</del> <add>evil with which the</add> law is frequent, <del>all</del><lb/>it will if carried into execution by the Judge be productive.</p> <p><note>32<lb/><sic>Art.</sic> 32. Not so in the case of the<lb/>omission of a requisite<lb/>exception.</note></p> <p><note>Penal law (suppose) against<lb/>corporal vexation in all<lb/>its shapes: exception necessary,<lb/>those requisite<lb/>for establishing the authority<lb/>of the Judge, the the Private<lb/>Service Minister, the oublic<lb/>and authorizing the service<lb/>of the individual practitioners</note></p> <p><note>So, in case of a contract<lb/>if a man were subjected<lb/><!-- continues along the left hand edge of the page --> [+] to the <sic>burthen</sic> of compensation, for omitting to Judge an <del><gap/> for robbing</del> <add>agreement to rob</add> a third person.</note></p> <p>If for example <del>for want</del> <add>by omission</add> of any of the appropriate causes of justification<lb/>or exemption the description <add>designation</add> given of a criminal act<lb/>should be left too large and comprehensive: if in case of corporal<lb/>vexation for example, the punishment that should have been confined to<lb/>evil doers should <del>have</del> be <add>left</add> appointed to fall upon the minister of<lb/>justice, the parent, the guardian, the medical practitioner or the<lb/><gap/>. So in non penal law if in a case of a contract, <add>for want of an appropriate exception</add> one of<lb/>the parties were subjected to the <sic>burthen</sic> of compensation, for non performance<lb/>of an engagement <del>the <gap/></del> <add>if</add> the performance of which <gap/> injury to third<lb/>parties would have been the result.</p> | ||
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1824. July 17 +
Constitutional Code
IV
Ch. XII Judiciary collectively
12 §.16. Sistitive
§. 17 Emendatory
§. 18 Preinterpretative
Preinterpretation
29
Art. 29. Thus of the
two modes of evil produced
by deficiency in
form, namely want
of exception and want
of exemplification, only
for the later can preinterpretation
by by supplying
remedy the deficiency
be an apt remedy.
This being presented, the want of deficiency in respect of exemplification
will be seen to be that one and the only one of the two submodes for
the removal of which preinterpretation will be the an apt appropriate
remedy. Being at the same time a relative imperfection, relation being
had to the mind of the reader as well as to that of the author it will
very frequently not infrequently be matter of sincere doubt to w the amount of which of
the two the imperfection ought to be placed: a designation which is particular
enough for an individual may not be so for another. To the
number of possible specific exemplifications there are no limits for the
one under each species the number of exemplifications capable of
being given without departure from truth is the same as that of the
actually existing added to that of the individuals actually contained
under within it added to those which may be imagined to be contained
under it. Carry to a certain length the process of exemplification
the mass of the law sinks under its own weight. to those also by the birth of the
while together to those whose interest affected by this or that such and such particular
those same part are by the bulk of the whole rendered insensible.
31
Art. 31. To the possible
number of apt specific exemplifications
there can
be no limit: some under
each species, as designated
by a specific
appellation are contained
not only all actual
individuals contained in
it but all possible ones.
Thence by the specific
of an exemplificative
proposition, no inference
is necessarily deducible
to the prejudice of the
legislative aptitude.
Accordingly, by the skill of skill of the Judge, called into action
by the interest in prudence of a party interested relief may be
afforded to the individual — improvement and in the tenor nature of the law —
without any the slightest scratch wound to the self of the Legislator.
Not so in the case where b it is by the want of the
some exception requisite that of the risk evil with which the law is frequent, all
it will if carried into execution by the Judge be productive.
32
Art. 32. Not so in the case of the
omission of a requisite
exception.
Penal law (suppose) against
corporal vexation in all
its shapes: exception necessary,
those requisite
for establishing the authority
of the Judge, the the Private
Service Minister, the oublic
and authorizing the service
of the individual practitioners
So, in case of a contract
if a man were subjected
[+] to the burthen of compensation, for omitting to Judge an for robbing agreement to rob a third person.
If for example for want by omission of any of the appropriate causes of justification
or exemption the description designation given of a criminal act
should be left too large and comprehensive: if in case of corporal
vexation for example, the punishment that should have been confined to
evil doers should have be left appointed to fall upon the minister of
justice, the parent, the guardian, the medical practitioner or the
. So in non penal law if in a case of a contract, for want of an appropriate exception one of
the parties were subjected to the burthen of compensation, for non performance
of an engagement the if the performance of which injury to third
parties would have been the result.
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