American Law And Procedure volume 13

Cover American Law And Procedure volume 13
American Law And Procedure volume 13
2d Sess United States 52d Cong
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ACTIONS (1).
§ 54. Leading words defined. Fundamental ideas ex- plained. In this chapter we shall endeavor to show and explain the ideas involved in the main heads to be adopted in the classification of the civil branch of American muni- cipal law.
The chief obstacle encountered in such a discussion is the difficulty of conveying, in written language, the exact ideas intended.
Mr. Madison, in the Federalist (2), very aptly points out the impediment in the following language: ''Besides the obscu
...rity arising from the complexity of objects and the imperfection of the human faculties, the medium through which the conceptions of men are conveyed to each other adds a fresh embarrassment. The use of words is to express ideas. Perspicuity, therefore, re- quires not only that the ideas should be distinctly formed, but that they should be expressed by words distinctly and exclusively appropriated to them. But no language is so i The matters considered in this chapter, and examined with such minute care, are really the touchstones of the law.

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