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 sayfa |
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absolute according acknowledged act of parliament actions adopted ambiguous apply assent Austrian civil code authority become called character charter Christian citizen civil liberty common sense considered constitution construed convey court decided decision declared demands doubtful endeavor England English law exist express fact faith favor FRANCIS LIEBER frequently give given granted hermeneutics ideas important individual instance interpre interpretatio interpretation and construction judge justice king lative lawyers legislative less letter likewise literal interpretation Lord Brougham Lord Coke Louis XIV matter ment mind moral motives nation nature necessary object obliged opinion parliament party penal penal law persons Petition of Right points precedents pretation principles privilege proper Prussian code reason regard relations respecting rules sentence settled signification Spanish Inquisition specific speech spirit struction term testator things tion true sense utterer Wesel whole words writing
Popüler pasajlar
Sayfa 205 - The King willeth that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself as well obliged as of his prerogative.
Sayfa 132 - 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.
Sayfa 56 - 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.
Sayfa 164 - Savagef to insist that an act of parliament, made against natural equity, as to make a man judge in his own case, was void ; and induced Lord Chief Justice Holt to say, in the case of the City of London v. Wood^ that the observation of Lord Coke was not extravagant, but was a very reasonable and true saying.
Sayfa iii - Legal and Political Hermeneutics, or Principles of Interpretation and Construction in Law and Politics, with Remarks on Precedents and Authorities.
Sayfa 89 - ... an advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client.
Sayfa 164 - Even an Act of Parliament made against natural equity, as to make a man judge in his own case, is void in itself: for jura naturae sunt immutabilia, and they are leges legum.
Sayfa 23 - 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.
Sayfa 30 - ... 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, which, in many cases must necessarily...
Sayfa 89 - 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.