" Here the definition takes the form
of an examination of previous cases which involved the term, to see
whether the present case is like those that have been held to be within
it, or like those which have been held to fall outside it. From this
comparison of the two sets of cases the essential characteristics of the
direct tax are brought to the surface.
A good example of the careful distinctions which must be made in
defining a legal term is found in Daniel Webster's famous argument in
the White Murder Case, of which an extract will be found below. The
question here is just how far the term "murder" shall be extended.
There are two sorts of murder; the distinction between them it is of
essential importance to bear in mind: (1) murder in an affray, or upon
sudden and unexpected provocation; (2) murder secretly, with a
deliberate, predetermined intention to commit the crime. Under the first
class, the question usually is, whether the offense he murder or
manslaughter, in the person who commits the deed. Under the second
class, it is often a question whether others than he who actually did
the deed were present, aiding and assisting therein. Offenses of this
kind ordinarily happen when there is nobody present except those who go
on the same design.
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