Legal and Political Hermeneutics, Or, Principles of Interpretation and Construction in Law and Politics: With Remarks on Precedents and AuthoritiesC.C. Little and J. Brown, 1839 - 240 من الصفحات |
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absolute according acknowledged act of parliament actions adopted ambiguous apply assent Austrian civil code authority become called CHAPTER character Christian citizen civil liberty common sense consequence considered constitution construed contract convey court decision declared defeat demands endeavor English law exist express faith favor FRANCIS LIEBER frequently give given granted hermeneutics ideas important individual instance interpretation and construction judge justice king lawyers legislative less letter likewise literal interpretation Lord Coke Louis XIV main Guide matter ment mind morality motives nation nature necessary object obliged opinion parliament party penal penal law persons Petition of Right points Political Ethics precedents pretation principles privilege proper Prussian code reason regard respecting rules sentence Sepoy settled signification signs Spanish Inquisition specific speech spirit struction term testator things tion true sense utterer Wesel whole writing
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الصفحة 204 - ... of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you according...
الصفحة 124 - THE fairest and most rational method 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.
الصفحة 154 - Whoever is guilty of improper conduct, and such as is contrary to the spirit of the laws, though not a breach of any specific article, shall be punished at the least with forty blows ; and when the impropriety is of a serious nature, with eighty blows.
الصفحة 46 - Construction, on the other hand, is the drawing of conclusions respecting subjects that lie beyond the direct expressions of the text, from elements known from and given in the text — conclusions which are in the. spirit, though not within the letter of the text.
الصفحة 81 - ... an advocate, in the discharge of his duty, knows but one , person in all the world, and that person is his client.
الصفحة 13 - Interpretation differs from construction in that the former is the art of finding out the true sense of any -form of words ; that is, the sense which their author intended to convey ; and of enabling others to derive from them the same idea which the author intended to convey.
الصفحة 81 - To save that client by all means and expedients, and at all hazards and costs to other persons, and, among them, to himself, is his first and only duty ; and in performing this duty he must not regard the alarm, the torments, the destruction which he may bring upon others. Separating the duty of a patriot from that of an advocate, he must go on reckless of consequences, though it should be his unhappy fate to involve his country in confusion.
الصفحة 19 - ... injurious; 8. that he fetch the meat for the use of the family and not for himself. Suppose, on the other hand, the housekeeper, afraid of being misunderstood, had mentioned these eight specifications, she would not have obtained her object, if it were to exclude all possibility of misunderstanding. For, the various specifications would have required new ones. Where would be the end? We are constrained, then, always, to leave a considerable part of our meaning to be found out by interpretation,...
الصفحة 19 - ... 4. that he buy the best meat he can obtain, for a fair price; 5. that he go to that butcher who usually provides the family, with whom the domestic resides, with meat, or to some convenient stall, and not to any unnecessarily distant place; 6. that he return the rest of the money; 7. that he bring home the meat in good faith, neither adding anything disagreeable nor injurious; 8.