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1830. Sept. 2
Review
13 or 1.
I. Law its cognoscibility
1. Matchless Constitution Plan.
Speech to King &c maximize
its uncognoscibility.
14 or 2
For this purpose maximize
its non-existence
15 or 3
True, particular parts
must be made known:
viz. where activity is necessary.
Example – taxes to be paid
16 or 4
Not, where passivity suffices:
example where money is
taken which he could not
be made to give.
17 or 5
With all this power, nothing
to harm you would he be
able to do: Witness Barrington
18 or 6
What he must say is – I
don't make law: I only
declare it: it makes itself:
necessary it is it should be
a dead secret till I am
called upon to declare it.
19 or 7
Thus doing, you gain power
and save trouble
20 or 8
Be it therefore a rule never
to do by your own hands
what can be done by his.
21 or 9.
So says Matchless.
Witness Anticodificationists,
who, to stave off the benefit
not producible but by
Codification, preach & practice
Consolidation; by which
while the same thing is
done over & over again,
the end of the world would
come before the necessary
work was completed.
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22 or 10
2. Bentham's Plan.
See 1. his Codification-preaching
works: 2. his Codes:
3. the works for & against
Codification in England: 4.
Works on both sides on the
Continent where he has
planted the word.
23 or 11
1. Give (says he) to the whole
rule of action its full
expression.
2. Divide it into General
Codes & Particular Codes
3. So order matters that
every man who reads
shall have the General
Code & his own Particular Codes.
This done, punish all
who disobey commands
received – more for disobedience
to commands
not received: no, nor so
much as conceived.
24 or 12
3. Brougham's Plan.
On this subject silent.
Thereby tacit assumption of
a fact known by him not
to be true – viz. existence
of a portion of substantive
law to which his addition
to adjective law & Judicial
Establishment pretended to
give execution & effect.
25 or 13
Make (says he) bricks without
straw: do what we
have made impossible to
you; or take the consequence.
26 or 14.
Silent, not inactive.
By every word while he adds
to the existence he subtracts
from the uncognoscibility
of the chaos on which he builds.
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