International law; Natural law; War (International law)
So the word donation is sometimes used to signify a transfer, according
to the nature of the business. In the same manner too the word
arms, which in general signifies military instruments, is sometimes
applied to troops, and may be taken in either sense, according to the
particular occasion. Every interpretation must be given according to
the intention understood. Thus the promise of a free passage given
upon the evacuation of a town, implies also that the troops shall pass
without molestation. If a number of ships are to be given up, perfect
and not mutilated ships are meant. And in all similar cases a similar
judgment must be formed according to the natural tenor of the words.
VI. Another source of interpretation is derived from the consequences,
especially where a clause taken in its literal meaning would lead to
consequences foreign or even repugnant to the intention of a treaty.
For in an ambiguous meaning such an acceptation must be taken as will
avoid leading to an absurdity or contradiction. The cavil of Brasidas
therefore is highly abominable, who, promising that he would evacuate
the Boeotian territory, said he did not consider that as Boeotian
territory, which he occupied with his army; as if the ancient bounds
were not intended, but only what remained unconquered, an evasion,
which entirely annulled the treaty.
VII. From the circumstances or context another source of interpretation
is derived. No inconsiderable light may be thrown upon the meaning
of an expression from the circumstance of its being used by the same
person to express the same intentions on other similar occasions, and
from its relation to what goes before, and what follows the place,
where it stands. For in all doubtful cases, we have reason to suppose
that the contracting parties mean to be consistent with their former
opinions and intentions. Thus in Homer, in the agreement between Paris
and Menelaus, that Helen should be given up to the conqueror, when
compared with what follows, it is evident that by the conqueror is
meant the combatant, who killed the other. This rule of interpretation,
Plutarch illustrates by the conduct of judges, "who passing by what is
obscure rest their decisions upon clear and unambiguous points."
VIII. As to the motives, which are sometimes taken for a rule of
interpretation, there may be other substantial ones, besides those
immediately expressed, for the passing of a law or the making of a
treaty. Yet the strongest conjecture is that which arises from certain
proof that the will was actuated by some reason, operating as a sole
and sufficient motive. For there are frequently MANY motives, and
sometimes the will is influenced by its own choice independent of any
other reason. In the same manner a grant made, in contemplation of a
marriage, will be void, if the marriage never takes place.
Public-domain text, read in full here on John Shaqi.
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