FREE BOOKS

Author's List




PREV.   NEXT  
|<   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361  
362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   >>   >|  
rge how absurd it is for a man not to deny that he has acted contrary to the law, but at the same time to give some reason for having acted so. Then one will say too that all things are turned upside down; that formerly prosecutors were in the habit of trying to persuade the judges that the person who was being prosecuted before them was implicated in some fault, and of alleging some reasons which had instigated him to commit this fault; but that now the accused person himself is giving the reasons why he has offended against the laws. Then it will be proper to introduce this division, each portion of which will have many lines of argument suitable to it: in the first place, that there is no law with reference to which it is allowable to allege any reasons contrary to the law; in the next place, that if such a course is admissible in any law, this is such a law that it is not admissible with respect to it; and lastly, that, even if such reasons ever might be alleged, at all events this is not such a reason. XLV. The first part of the argument is confirmed by pretty nearly the same topics as these: that the framer of the law was not deficient in either ability, or pains, or any faculty requisite to enable him to express plainly what his intention was; that it would not have been either displeasing or difficult to him to insert such an exception as that which the opposite party contends for in his law, if he thought any exception requisite; and in fact, that those people who frame laws often do insert clauses of exceptions. After that it is well to enumerate some of the laws which have exceptional clauses attached to them, and to take especial care to see whether in the law itself which is under discussion there is any exception made in any chapter, or whether the same man who framed this law has made exceptions in other laws, so that it may be more naturally inferred that he would have made exceptions in this one, if he had thought exceptions requisite; and it will be well also to show that to admit of a reason for violating the law is the same thing as abrogating the law, because when once such a reason is taken into consideration it is no use to consider it with reference to the law, inasmuch as it is not stated in the law. And if such a principle is once laid down, then a reason for violating the law, and a licence to do so, is given to every one, as soon as they perceive that you as judges decide the matter in a way
PREV.   NEXT  
|<   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361  
362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   >>   >|  



Top keywords:

reason

 

reasons

 

exceptions

 

requisite

 
exception
 

thought

 

argument

 

contrary

 
clauses
 

admissible


violating
 
reference
 

insert

 

judges

 

person

 

exceptional

 

attached

 

especial

 

matter

 

decide


difficult
 

displeasing

 

opposite

 

people

 

contends

 

enumerate

 
abrogating
 
consideration
 

stated

 
principle

licence

 

intention

 
chapter
 

framed

 

perceive

 
discussion
 
inferred
 

naturally

 

respect

 

implicated


alleging

 

instigated

 

prosecuted

 
persuade
 

commit

 
offended
 

proper

 

giving

 

accused

 
absurd