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INTRODUCTION

the legislator's mind. The process is, indeed, that at times, but it is often something more. The ascertainment of intention may be the least of a judge's troubles in ascribing meaning to a statute. "The fact is," says Gray in his lectures on the "Nature and Sources of the Law,"[1] "that the difficulties of so-called interpretation arise when the legislature has had no meaning at all; when the question which is raised on the statute never occurred to it; when what the judges have to do is, not to determine what the legislature did mean on a point which was present to its mind, but to guess what it would have intended on a point not present to its mind, if the point had been present."[2] So Brütt:[3]

"One weighty task of the system of the application of law consists then in this, to make more profound the discovery of the latent meaning of positive law. Much more important, however, is the second task which the system serves, namely

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  1. Sec. 370, p. 165.
  2. Cf. Pound, "Courts and Legislation," 9 Modern Legal Philosophy Series, p. 226.
  3. "Die Kunst der Rechtsanwendung," p. 72.