International law; Natural law; War (International law)
XXI. Hence may be solved the question to be found in Gellius,
respecting a commission, whether it can be fulfilled by doing, not the
immediate act required, but some thing equivalent to it, or in a manner
more beneficial than in the form prescribed. For this deviation from
the written rule may be proper and lawful, where the prescribed form is
not essential towards attaining the object, or where, by departing from
it, that object can be better accomplished, according to the answer
given by Scaevola, that the person required to be bail and security for
another, may give an order to a third person to pay that money to the
creditor. But where such a latitude of interpretation is not evidently
admissible, we must adhere to what Gellius has said in the same place,
that it would be a dissolution of all trusts, if the party acting in
commission were, in all cases, left to his own discretion, rather than
bound by his written instructions.
XXII. An interpretation, restricted more closely than the literal
signification of the words containing a promise absolutely requires,
may arise either from some original defect in the intention of
the promiser, or from some subsequent emergency repugnant to such
intention. Thus if it were evident that an absurdity would follow the
fulfilment of a promise, this would be sufficient to prove an original
defect in the intention, because no man can be supposed to have
deliberately intended doing an absurd act. Or if the sole and effectual
reason, by which the promise was influenced, should have ceased, the
obligation also would be void, the sole ground on which it rested being
no longer in existence.
XXIII. In the next place, where any sufficient reason can evidently be
assigned for a promise or engagement, it is not the substance of the
promise itself, which is to be considered, so much as the reason for
which that promise was given.
XXIV. Thirdly, the contending parties must always be supposed to have
in contemplation the subject, and nothing but the subject, however
extensive a signification the words may seem to bear. This method of
interpretation also is handled by the ancient rhetorical writers, in
speaking of expression and design, and they place it under the head of
VARIATIONS IN OPINION.
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