| 1887 - 1030 páginas
...the surgeon, who opened the vein of a person that fell down in the street with a fit. But, lastly, the most universal and effectual way of discovering...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.... | |
| Thornton Anderson - 2010 - 276 páginas
...treated the House to an elaborate exposition of Blackstone's rules for interpreting a law. These included "considering the reason and spirit of it, or the cause which moved the Legislature to enact it." Gerry then used the Preamble to find "the causes which produced the Constitution" and immediately found... | |
| Christopher Wolfe - 1994 - 472 páginas
...that way. For example, a prohibition against "drawing blood" need not be applied to doctors. Fifth, "the most universal and effectual way of discovering...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... | |
| William N. Eskridge - 1994 - 460 páginas
...recognized that gaps and ambiguities are inevitable in statutes. In resolving ambiguities, he urged that "the most universal and effectual way of discovering...dubious, is by considering the reason and spirit of it ... [f]or when this reason ceases, the law itself ought likewise to cease with it."2' Blackstone also... | |
| St. George Tucker, William Blackstone - 2000 - 3301 páginas
...be referred to the 100/. or to the ISQl.fer annum. The court of king's bench having S. But, lastly, the most universal and effectual way of discovering...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.... | |
| Christopher Wolfe - 1996 - 246 páginas
...medical procedure. The absurdity of prohibiting the latter justified a narrower interpretation. But "the most universal and effectual way of 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... | |
| David P. Currie - 1997 - 356 páginas
...in the Articles. 2 Annals at 1941, 1946-47, 1975. 8See id at 2002 (Rep. Gerry, quoting Blackstone): '"[T]he most universal and effectual way of discovering...the cause which moved the Legislature to enact it.'" 9"If Congress may not make laws conformably to the powers plainly implied, though not expressed in... | |
| William D. Popkin - 1999 - 368 páginas
...been foreseen) the legislator himself would have expressed. Although Blackstone praises "equity" as "the most universal and effectual way of discovering the true meaning of a law," he is clear about priorities. He unequivocally states that law should prevail over equity: [T]he liberty... | |
| Albert W. Alschuler - 2000 - 348 páginas
...who opened the vein of a person that fell down in the street with a fit."127 Blackstone observed that "the most universal and effectual way of discovering the true meaning of a law . . . is by considering the reason and spirit of it, or the cause which moved the legislator to enact... | |
| Guy Padula - 2002 - 214 páginas
...Blackstone's Commentaries with Hamilton's argument in Federalist 81: Gerry — "[T]he most universal and true meaning of a law, when the words are dubious, is by considering the reason and spirit of it.""8 Hamilton — "[T]here is not a syllable in the plan under consideration which directly empowers... | |
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