DOI Page / Citation link:
https://doi.org/10.11588/diglit.39769#0511
THE ELEVENTH LECTURE.
485
the sense in which they best harmonise with the
subject of the enactment 9.11 d the object which the
Legislature has in view. Their pieaning is found not
so much in a strictly grammatical or etymological
propriety of language, nor even in its popular use,
as in the subject orpn the occasion on which they are
used and thh object to be attained."1 2 3
Compare the above with the above mentioned
Sphadi Maxima and Arum 'Maxim. The forme;' Maxim
* is introduced by tlie Sutra :
“A thing which is connected with the performance
of an act of duty as means to’an end, must be under-
stood in a sense which is suited t,o the purpose of
> that act.”
The latter Maxim is introduced by the Sutra :
"The purpose being one and the same viz., to
promote an action, materials and qualities (thereof)
are laid down simply to subserve that action, and not
to control it.”'-*3 (
The Three Debt Maxim answers Maxwell’s topic: —
Extension of meaning according to the object.
With regard to tlie above subject, Maxwell remarks
as follows :
>
“Even where the upual meaning of the language
falls short of the wl^ole object of the Legislature, a
more extended meaning may be attributed to it, if
fairly susceptible of it. If there are circumstances
i in the Act showing that words are used in a larger
1. Maxwell p. 74. (Third edition.)
2. Jaimini III. i. 10.
3. Jaimini III. i. 11,
485
the sense in which they best harmonise with the
subject of the enactment 9.11 d the object which the
Legislature has in view. Their pieaning is found not
so much in a strictly grammatical or etymological
propriety of language, nor even in its popular use,
as in the subject orpn the occasion on which they are
used and thh object to be attained."1 2 3
Compare the above with the above mentioned
Sphadi Maxima and Arum 'Maxim. The forme;' Maxim
* is introduced by tlie Sutra :
“A thing which is connected with the performance
of an act of duty as means to’an end, must be under-
stood in a sense which is suited t,o the purpose of
> that act.”
The latter Maxim is introduced by the Sutra :
"The purpose being one and the same viz., to
promote an action, materials and qualities (thereof)
are laid down simply to subserve that action, and not
to control it.”'-*3 (
The Three Debt Maxim answers Maxwell’s topic: —
Extension of meaning according to the object.
With regard to tlie above subject, Maxwell remarks
as follows :
>
“Even where the upual meaning of the language
falls short of the wl^ole object of the Legislature, a
more extended meaning may be attributed to it, if
fairly susceptible of it. If there are circumstances
i in the Act showing that words are used in a larger
1. Maxwell p. 74. (Third edition.)
2. Jaimini III. i. 10.
3. Jaimini III. i. 11,