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Definition

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

An enumeration of the principal ideas of which a compound idea is formed, to ascertain and explain its nature; that which denotes and points out the substance of a thing.

Ayliffe, Pand. 59.

Definitions are always dangerous, because it is always difficult to prevent their being inaccurate, or their becoming so: ouuiis deflnitio in jure cirili perioulosa est, parutn est cnim ut non subverti possit. All ideas are not susceptible of definition, and many legal terms cannot be defined. This inability is frequently supplied, in a considerable degree, by descriptions. It has been said that a definition is the most difficult of all things. There is far greater probability of a correct use of terms than of a correct definition of them; a correct use renders definition unnecessary. 20 Sol. Journ. 8G9, quoted in Thayer, Evid. 190, with a comment that legal scholarship will be best used to clarify and restate the law.

— The meaning of ordinary words, when used in acts of parliament, is to be found, not so much in a strict etymological propriety of language, nor even in popular use, as in the subject or occasion on which they are used, and the object which is intended to be attained; L. R. 1 Ex. D. 143;

— for words used may convey an intention quite different from what the selfsame set of words used in reference to another set of circumstances would <>r might have produced; L. R. 3 App. Cas. 68. "A general dictionary of the English language is not authority to show, on a trial, the meaning of a word which is n deriving a peculiar m ill. usage;" 7 C. & P. 701; approved in L. It. 5 Exch, 179, 184.

The definitions of the standard Le raphers are authority as indicating popular use of words; Burnam v. Ban Mo. 351. Regard must always be had to the circumstances under which a word is in a statute; Pennsylvania R. Co. v. Price, 96 Pa. 267. Where Inconsistent with code statutes, a definition is modified: Ellis v. Prevost, 13 La. 230. Legal definitions for the most part are generalizations derived from judicial experience. To be complete and adequate they must sum up the <• of all that experience; Mickle v. Miles, 31 Pa. 21.