PHI LOS 0 P H Y . - Classic Works of Apologetics Online

I Fifthly. The quantity or extent of an injuryli
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even when the cause and author of it are kllown, is
often dubious and undefined. f If the injury c()nsist
in the los5 of some specific right, the value of the
right measures the amount of the injury; but what a
illan may have suffered in his person, from an a~~ault ;
in his reputation, by ~)ander; or in the comfort of
his life, by the seducticn of a wife or daughter; or
,,"hat sum of money· shall be deemed a reparation for
dJmages sue h as these, cannot be ascertained by any
rules, ,vhich the law of nature ~uppJies. l'~he law of
nature command, that reparaticJn be made; and adds
to hel- conlmand~ that, \llhtn the aggres~{"r and the
sufferer di~.:agree, the damage be a ses~ed bJ'authorizpd
and indifl4~rent arbitrator·~. Here, tlll~~n, recc,urse
nlust be had to courts of law, not ofJly' \\·ith the permi3~.ion,
but, in some measure, by the ciir~ction of
nattlral jtisticelf
r Sixthl)·. "\Vhen controversie~ arise in the il1!1 ..-·rpre­
tation of \\·ritten laws, the)T~ ft)r the mo~t part, ari~e
upon some contirlgency \\~hicll the conlposer of the
la\\· did not foresee or think of. In the adjudication
of such cases, this dilemma presents itself: if the laws
be permitted to operate only upon the cases,
which were actually contemplated by the law makers,
rl1e:~ \viii al\vaj's be found defective: if they be e:{­
tCtlde£.i to every case, to \\:hich th( reasoning, and
8pirit, and expediency of the pro\'!5ion seem to belong,
-.vilhollt an'V fartller evidence of the iIltE:'11ti ~)n of the
legislature; we shall allow to the judges a liberty of
;.pplying the Jaw, which will bH \'er~,' little ~hort vf
the power of making it. If a literal coa·,i-ructi(.n be
atlhercd to, tIle law \viiI oftcrt fail oi" its ~nd: if a
!~JOS~ al1li va~ue expo~iti(jl1 l;~,-' ~ldIllitt('d, the 1 a \1/
fr!!~~11t as \veII ha\re Jle\·er been enactc(l; for thi~ Ii·
:~l:lCC wiiI bring back intG the ~u~">:ct all th_t' dicretinn
a:1d ul1c~rtai!lty' \vhich it \\'as tIle Jcs!(:;n of· tIle legis­
!.4ture r() take a\vay'.] (·: .. Jllrts of jLlstice are, and always
mu"! be, emb~11Ta,s~J by thc=,\"\ (lppo~ite difficulti;~.::
ilnd as it Catl never be 1~nO\~;11 l)i.:f()rc,ll(l!l(l, in
w:!:.lt de grce cit her CO!1;,id ~r;ltiv:l l1la y pre\' ;lil. ill the