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[7]
Under this
heading come questions such as the following: if
there is not a special law applicable to the case, ought
we to have recourse to an analogous law? is the
point in question similar to what is contained in the
letter of the law? Now it should be noted that what
is similar may be greater, equal or less. In the first
ease we enquire whether the provisions of the law
are sufficient, or, if they are insufficient, whether we
should have recourse to this other law. In both
cases it is a question of the intention of the legislator.
But the most effective form of treatment in such
cases will be to appeal to equity.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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