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Policy

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

The general principles by which a government is guided in its management of public affairs or the legislature in its measures. This term, as applied to a law, ordinance, or rule of law, denotes its general purpose or tendency considered as directed to the welfare or prosperity of the state or community.

Policy of a statute. The "policy of a statute," or "ot the legislature," as applied to a penal or prohibitive statute, means the intention of discouraging conduct of a mischievous tendency. See In R. 6 P. C. 134; 5 Barn. & Aid. 335; Pol. Cont. 235.

Policy of the law. By this phrase is understood the disposition of the law to discountenance certain classes of acts', transactions, or agreements, or to refuse them its sanction, because it considers them immoral, detrimental to the public welfare, subversive of good order, or otherwise contrary to the plan and purpose of civil regulations.

Public policy. The principles under which the freedom of contract or private dealings is restricted by law for the good of the community. Wharton. The term "policy," as applied to a statute, regulation, rule of law, course of action, or the like, refers to its probable effect, tendency, or object, considered with reference to the social or political well-being of the state. Thus, certain classes of acts are said to be "against public policy," when the law refuses to enforce or recognize them, on the ground that they have a mischievous tendency, so as to be injurious to the interests of the state, apart from illegality or immorality. Sweet. And see Egerton v. Earl Brownlow, 4 H. L. Cas. 235; Smith v. Railroad Co., 115 Cal. 584, 47 Pac. 582, 35 In R. A. 309, 56 Am. St. Rep. 119; Tarbell v. Rnilroad Co.., 73 Vt 347, 51 Atl. 6, 56 In R. A. 656, 87 Am. St. Ren. 734; Hartford F, Ins. Co., v. Chicago, etc.. R. Co.., 175 U. S. 91, 20 Sup. Ct. 33. 44 L. Ed. 84; Enders v. Enuers, 164 Pa. 266, 30 Atl. 129, 27 L. R. A. 56, 44 Am. St. Rep. 598; Smith v. Du Bose, 78 Ga. 413, 3 S. E. 309, 6 Am. St. Rep. 260; Billingsley v. Clelland, 41 W. Va. 234, 23 S. El 812.