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<head>INTERPRETATION Judicial</head> | <head>INTERPRETATION. Judicial.</head> | ||
<p> | <p>There is a great deal of difference between an<lb/> | ||
Interpretation which supplies, & an Interpretation<lb/> | Interpretation which supplies, & an Interpretation<lb/> | ||
which <hi rend='underline'>applies</hi> <add>ascertains</add>. — An Interpretation which<lb/> | which <hi rend='underline'>applies</hi> <add>ascertains</add>. — An Interpretation which<lb/> | ||
adds a special <add>specific</add> term to <sic>compleat</sic> the deficiency<lb/> | adds a special <add>specific</add> term to <sic>compleat</sic> the deficiency<lb/> | ||
of a term meant to be <hi rend='underline'> | of a term meant to be <hi rend='underline'>generic</hi> (&, as <del>it</del> is supposed<lb/> | ||
to | to include, the specific term added, along<lb/> | ||
with the rest) and an interpretation which from<lb/> | with the rest) and an interpretation which from<lb/> | ||
the subject matter & context, takes occasion<lb/> | the subject matter & context, takes occasion<lb/> | ||
to fix the sense of a | to fix the sense of a generic term which standing<lb/> | ||
singly would appear vague & undefinable.<lb/> | singly would appear vague & undefinable.<lb/> | ||
The latter mode of interpretation must always<lb/> | The latter mode of interpretation must always<lb/> | ||
be <sic>allow'd</sic> to the | be <sic>allow'd</sic> to the Judicial power: the former,<lb/> | ||
never an unproved system <add>state</add> | never an unproved system <add>state</add> | ||
of | of Legislative<lb/> | ||
<unclear>composition</unclear>, might it should | <unclear>composition</unclear>, might it should soon be <del>deemed</del> <add>taken</add><lb/> | ||
<del>its</del> <add>away</add> Thus suppose to the word Parish were<lb/> | <del>its</del> <add>away</add> Thus suppose to the word Parish were<lb/> | ||
subjoined the words or | subjoined the words "or correspondent <add>[valuable]</add> division:"<lb/> | ||
this might without difficulty be <sic>allowd</sic> to be<lb/> | this might without difficulty be <sic>allowd</sic> to be<lb/> | ||
construed by a Court to mean <add><gap/> to</add> Extraparochial<lb/> | construed by a Court to mean <add><gap/> to</add> Extraparochial<lb/> | ||
place, where from the subject matter it should<lb/> | |||
appear that <del> | appear that <del>places</del> <add>districts</add> of the kind last mentioned<lb/> | ||
<pb/> | |||
should upon the same reason as those of the<lb/> | should upon the same reason as those of the<lb/> | ||
other — But to extend the word Parish <del>alone</del><lb/> | other — But to extend the word Parish <del>alone</del><lb/> | ||
standing by itself to <del><gap/></del> <add> | standing by itself to <del><gap/></del> <add>places</add> extraparochial this<lb/> | ||
seems a stretch beyond what is necessary to be allowed in such a state of things as is above<lb/> | seems a stretch beyond what is necessary to<lb/> | ||
be allowed in such a state of things as is above<lb/> | |||
supposed.</p> | supposed.</p> | ||
<p> | <p>This was indeed in the infancy of the sort<lb/> | ||
of Legislation, where this & much more <add>greater | of Legislation, where this & much more <add>greater liberties</add>, was<lb/> | ||
not only admissible, but necessary.</p> | not only admissible, but necessary.</p> | ||
<head>LAWS Construction of</head> | <head>LAWS Construction of</head> | ||
<pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
INTERPRETATION. Judicial.
There is a great deal of difference between an
Interpretation which supplies, & an Interpretation
which applies ascertains. — An Interpretation which
adds a special specific term to compleat the deficiency
of a term meant to be generic (&, as it is supposed
to include, the specific term added, along
with the rest) and an interpretation which from
the subject matter & context, takes occasion
to fix the sense of a generic term which standing
singly would appear vague & undefinable.
The latter mode of interpretation must always
be allow'd to the Judicial power: the former,
never an unproved system state
of Legislative
composition, might it should soon be deemed taken
its away Thus suppose to the word Parish were
subjoined the words "or correspondent [valuable] division:"
this might without difficulty be allowd to be
construed by a Court to mean to Extraparochial
place, where from the subject matter it should
appear that places districts of the kind last mentioned
---page break---
should upon the same reason as those of the
other — But to extend the word Parish alone
standing by itself to places extraparochial this
seems a stretch beyond what is necessary to
be allowed in such a state of things as is above
supposed.
This was indeed in the infancy of the sort
of Legislation, where this & much more greater liberties, was
not only admissible, but necessary.
LAWS Construction of
---page break---
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Identifier: | JB/070/059/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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059 |
interpretation judicial laws construction of |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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23174 |
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