Abrogation
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
The destruction of or annulling a former law by an act of the legislative power, or by usage. It is a total annulment, as distinguished from derogation, which is a repeal of part. Abrogation may be express or implied.
Express Abrogation
That literally pronounced by the new law either in general terms, as when a final clause abrogates or repeals all laws contrary to the provisions of the new one, or in particular terms, as where it abrogates certain preceding laws, which are named.
Implied Abrogation
That which takes place when the new law contains provisions which are positively contrary to the former laws, without expressly abrogating such laws; for it is a maxim, Posteriora derogant prioribus (10 Mart. [La.] 172, 560); and also when the order of things for which the law had been made no longer exists, and hence the motives which had caused its enactment have ceased to operate, Ratione legis omnino cessante cessat lex. Toullier, Dr. Civ. tit. prel. § 11, note 151; Merlin, Repert. to lie concealed, in order to avoid their process.