But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious is by considering the reason and spirit of it or the cause which moved the legislator to enact it. Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 73por Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874Visualização integral - Acerca deste livro
| Christopher Wolfe - 1994 - 472 páginas
...discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it." Thus, a law ought not to be extended to cases where the reason for the law is not involved, if the... | |
| Christopher Wolfe - 1996 - 246 páginas
...discovering the true meaning of the law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it." Thus, for example, a law ought not to be extended to cases where the reason for the law is inapplicable,... | |
| St. George Tucker, William Blackstone - 2000 - 3301 páginas
...discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it ; or the cause which moved the legislator to enact it. For when this reason ceases, the law itself ought likewise to cease with it. An instance of this is... | |
| William D. Popkin - 1999 - 368 páginas
...discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it. For when this reason ceases, the law itself ought likewise to cease with it." He refers to this method... | |
| Frederick Vaughan - 2003 - 244 páginas
...discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it." 56 According to Blackstone the judge, in construing statutes, was to correct the law in a manner consistent... | |
| Suzanne Corcoran, Stephen Bottomley - 2005 - 358 páginas
...discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it. For when this reason ceases, the law itself ought likewise to cease with it.33 Blackstone describes... | |
| Hannah Dawson - 2007 - 295 páginas
...letter.'130 Repeating his juristic forbears, Pufendorf goes on to say that 'that which helps us more in the discovery of the true meaning of the law, is,...ought not to be confounded with the mind of the law (mente legis}\ for that is nothing but the genuine meaning of it (sententia legis genuine), for the... | |
| 1877 - 974 páginas
...them ; or to compare them with what goes before, or follows in the context." And further, that " what helps us most in the discovery of the true meaning...the cause which moved the legislator to enact it." Dwarris, a standard author, acknowledged by all the courts of this country and in England to be of... | |
| Edwin Charles Clark - 1883 - 454 páginas
...p. 227. 38 Maxwell, 1. p. 19. (ie genuine interpretation), that of considering the reason and spirit of it, or the cause which moved the legislator to enact it, Blackstone goes on thus — " For, when this reason ceases, the law itself ought likewise to cease... | |
| 1924 - 120 páginas
...down by Blackstone, that any instrument should be interpreted, "by considering the reason and spirit of it ; or the cause which moved the legislator to enact it. ... From this method of interpreting laws, by the reason of them, arises what we call equity." It may... | |
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