ABROGATION - The destruction or
annulling of a former law, by an act of the legislative
power, or by usage. A law may be abrogated or only
derogated from; it is abrogated when it is totally
annulled; it is derogated from when only a part is
abrogated: derogatur legi, cum pars detrahitur; abrogatur
legi, cum prorsus tollitur. Lex rogatur dum fertur;
abrogatur dum tollitur; derogatur eidem dum quoddam
ejus caput aboletuer; subrogatur dum aliquid ei adjicitur;
abrogatur denique, quoties aliquid in ea mutatur.
Abrogation is express or implied; it is express when
it, is 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 when it abrogates
certain preceding laws which are named.
Abrogation is implied when the new law contains provisions
which are positively contrary to the former laws,
without expressly abrogating such laws. It is also
implied 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.
