FREE BOOKS

Author's List




PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  
on courts of justice to ascribe an innocent and honest meaning to all language that will possibly bear an innocent and honest meaning. If courts of justice could depart from this rule for the purpose of upholding what was contrary to natural right, and could employ their ingenuity in spying out some implied or inferred authority, for sanctioning what was in itself dishonest or unjust, when such was not the _necessary_ meaning of the language used, there could be no security whatever for the honest administration of honest laws, or the honest fulfilment of men's honest contracts. Nearly all language, on the meaning of which courts adjudicate, would be liable, at the caprice of the court, to be perverted from the furtherance of honest, to the support of dishonest purposes. Judges could construe statutes and contracts in favor of justice or injustice, as their own pleasure might dictate. Another reason of the rules, is, that as governments have, and can have no legitimate objects or powers opposed to justice and natural right, it would be treason to all the legitimate purposes of government, for the judiciary to give any other than an honest and innocent meaning to any language, that would bear such a construction. The same reasons that forbid the allowance of any unnecessary implication or inference in favor of a wrong, in the construction of a statute, forbids also the introduction of any _extraneous or historical_ evidence to prove that the intentions of the legislature were to sanction or authorize a wrong. The same rules of construction, that apply to statutes, apply also to all those private contracts between man and man, _which courts actually enforce_. But as it is both the right and the duty of courts to invalidate altogether such private contracts as are inconsistent with justice, they will admit evidence exterior to their words, _if offered by a defendant for the purpose of invalidating them_. At the same time, a plaintiff, or party that wishes to set up a contract, or that claims its fulfilment, will not be allowed to offer any evidence exterior to its words, to prove that the contract is contrary to justice--because, if his evidence were admitted, it would not make his unjust claim a legal one; but only invalidate it altogether. But as courts do not claim the right of invalidating statutes and constitutions, they will not admit evidence, exterior to their language, to give them such a meaning, that they
PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  



Top keywords:

honest

 

courts

 

meaning

 

justice

 

evidence

 

language

 
contracts
 

exterior

 

innocent

 

statutes


construction
 

invalidating

 

fulfilment

 

purposes

 

private

 

invalidate

 

altogether

 

legitimate

 
contrary
 

purpose


natural

 
unjust
 

contract

 

dishonest

 

legislature

 
forbids
 

intentions

 
statute
 

historical

 

authorize


sanction

 

extraneous

 

introduction

 

admitted

 

allowed

 

claims

 

constitutions

 
wishes
 

inconsistent

 

enforce


offered
 
plaintiff
 

defendant

 
reason
 
sanctioning
 
security
 

Nearly

 

adjudicate

 

administration

 

authority