Theses De legum interpretatione

Decorative initial letter E

THESIS I.

EXACT truth, if it exists anywhere else, certainly requires a great deal of determination in Jurisprudence.

II.

The incredible multitude, variety, and inconstancy of human affairs deny that laws can encompass this so comprehensively that they supply the definitions for all articles of controversy.

III.

Hence, we discover that laws suffer in two ways, quite frequently; and this happens either with the legislators willing it, or against their will.

IV.

Willingly: when they see that they cannot weigh natural aequitas equity/fairness in individual species of facts, note all circumstances with a special decision, and thus follow every minute detail; since some certainty must be established to ensure the safer path, they conceive their definition in a general sense regarding things that usually happen.

V.

Nor do they delay their determinations for those rarer cases that are far removed from usage, even though those cases could also be supported by equity.

VI.

Against their will: when, due to the feebleness of the mortal mind, they do not foresee all corners of affairs, they proceed in evaluating the business in such a way that, through their own imprudence, a matter is not committed to a decision that should deservedly have come under and been contained by it; and which, if they had been warned or specifically requested on this count, they would have wished to be included.

VII.

In the former case, just as the words of the law must be narrowed because they cover more than is fitting, so in the latter, they must be supplemented and broadened for the sake of those things omitted.

IIX.

This restriction and supplementation, however much it may be generally affirmed that it is sought and derived from the mind of the legislator,

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