International law; Natural law; War (International law)
XX. There is also another kind of interpretation, arising from
conjectures, which apply exactly to the signification of the words
containing a promise or engagement; and that is of a twofold
description, either extending or limiting the meaning. But it is more
difficult to extend than to limit the acceptation of expressions. For
as in all matters the want of one essential requisite is sufficient
to defeat their effect; so in engagements, those conjectures, which
extend the obligation are not readily to be admitted. And it is much
more difficult here than in the case above mentioned; where words
allow a more extensive but less familiar acceptation. For here it is
seeking a conjecture to extend the words of a promise: the conjecture
therefore, which is to create an obligation, ought to be very certain.
Nor is it sufficient that there is some resemblance in the motives;
for the motive produced to confirm an obligation must be exactly the
same as that of the case under consideration. Neither is it always
proper to allege a motive for extending an obligation; because, as it
has been already said, motives, in actuating us to form engagements,
may sometimes be swayed by the will which often acts independently of
any just motive. To authorise therefore such an extension, it must be
evident that the motive, produced as an example and authority, was
the sole and effectual cause, which influenced the promiser, and that
he considered it in the same extensive view; for otherwise it would
have been unjust and prejudicial. The ancients in their treatises
on rhetoric follow the same rule, when, in speaking of the LETTER
and DESIGN, they give us one invariable form of expressing the same
sentiment, but in their syllogisms or arts of reasoning they point out
a way of interpreting what is not written, by what is written. In the
same manner too legal writers lay down rules for avoiding frauds. Now
if at a time, when there was no other mode of fortifying towns, than by
surrounding them with walls, it were stipulated that a certain place
should not be so surrounded, it is evident that to employ any other
means of fortification would be a breach of that treaty.
As in the above case the interpretation must be extended to guard
against every possible evasion, so in the following example, the
prohibition to assemble an armed force to assail us includes all
kinds of violence and force, by which our lives and security may be
endangered.[48]
Public-domain text, read in full here on John Shaqi.
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