The reason is this. The words in which
statutes and constitutions are written are susceptible of so many
different meanings, meanings widely different from, often
directly opposite to, each other, in their bearing upon men's
rights, that, unless there were some rule of interpretation for
determining which of these various and opposite meanings are the
true ones, there could be no certainty at all as to the meaning of
the statutes and constitutions themselves. Judges could make
almost anything they should please out of them. Hence the
necessity of a rule of interpretation. And this rule is, that the
language of statutes and constitutions shall be construed, as
nearly as possible, consistently with natural law.
The rule assumes, what is true, that natural law is a thing
certain in itself; also that it is capable of being learned. It
assumes, furthermore, that it actually is understood by the
legislators and judges who make and interpret the written law.
Of necessity, therefore, it assumes further, that they (the
legislators and judges) are incompetent to make and interpret the
written law, unless they previously understand the natural law
applicable to the same subject.
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