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Congress Hall Cafe

Interpretation of Law, charters, and constitutions

Vattel: “Every interpretation that leads to an absurdity, ought to be rejected. … “We call absurd not only what is physically impossible, but what is morally so, – that is to say, what is so contrary to reason, that it cannot be attributed to a man in his right sense.” 418

 

Cicero: “No more binding are those promises which are inexpedient for the persons themselves to whom they have been given. To go back to the realm of story, the sun-god promised his son Phaethon to do for him whatever he should wish. His wish was to be allowed to ride in his father’s chariot. It was granted. And before he came back to the ground he was consumed by a stroke of lightning. How much better had it been, if in this the the father’s promise had not been kept. And what of that promise, the fulfilment of which Theseus required from Neptune? When Neptune offered him three wishes, he wished for the death of his son Hippolytus, because the father was suspicious of the son’s relations with his step-mother. And when this wish was granted, Theseus was overwhelmed with grief. And once more; when Agamemnon had vowed to Diana the most beautiful creature born that year within his realm, he was brought to sacrifice Iphigenia; for in that year nothing was born more beautiful than she. He ought to have broken his vow rather than commit so horrible a crime. B3.94.de.off

 

 

Vattel “That wise and free people have too often seen, by the experience of other nations, that the laws are no longer a firm barrier and secure defense, when once the executive power is allowed to interpret them as pleasure.”

Vattel 418.3… “laws and treaties can only be worded in a general manner…interpreter’s province to apply them to particular cases, conformably to the intention of the legislature, or of the contracting powers.

Vattel: 418: Every interpretation that leads to an absurdity, ought to be rejected. … “We call absurd not only what is physically impossible, but what is morally so, – that is to say, what is so contrary to reason, that it cannot be attributed to a man in his right sense.”

Hebrew 4:12 “For the word of God is living, and active, and sharper than any two-edged sword, and piercing even to the dividing of soul and spirit, of both joints and marrow, and is able to discern the thoughts and intentions of the heart.”

Vattel: The consideration of the reason of a law or promise not only serves to explain the obscure or ambiguous expressions which occur in a piece, but also to extend or restrict its several provisions independently of the expressions, and in conformity to the intention and views of the legislature or the contracting parties, rather than to their words.425.2

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This entry was posted on August 1, 2014 by .
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