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1830. Aug. 27
ReviewIX. VIII Nomography
2 Inconsistence.
Taught by Bentham, we could &c
3. Needless diffusiveness and inconsistency and uncertainty combined.
When a string of specific articles is come brought upon the carpet,
capable of being included all together under one generic
appellation – give exhibit the generic appellation in the first instance
speak of the specific article as being included in that genus
either as constituting composing the whole matter of it, or as being presenting so
many examples of it: do this once for all – the counter the
grant in with the string of specific article, but imply
throughout the generic denomination in the room of it. This is
one of Bentham's Rules. By this means not only useless diffusiveness
but inconsistency and incomplete provisions are avoided.
Now as to this matter, note see observe what Brougham does, and
note the consequence.
☞ This rule does not exactly fit what follows.
Decisions in which power is given to the Judge to administer an
Oath. To No such mischievous ceremony would Bentham have
given any employment at all: but this in a parenthesis. Without
power to hold for warrant, the requisite security, what
would this or any other Judge be? What has now been
would be: nothing more. But if to this same Judge words in express
form for the clothes him with power were necessary
what use or what demand for enactments more than one.
Now then what how is this managed by our learned draughtsman? Occasions,
on which mention of an Oath is made this of those by him, 14 of this, 14, number
on which this power is given, the 9;(a) of those on which it is not given, 5.(b)
validity of the operation in question the operation proficient in the Now then, to the validity of the whole examination, this enactment is it necessary or unnecessary? If unnecessary it is no better than an encumbrance if
is it necessary, or is it not, if it is not the words are nugatory and
are occasion by the Judge there are words in operation if
not – then why give them at all? but if you think of the necessary, then mind the consequence; null and void is the ; unemployable the mass of evidence elicited, thrown away
the labour and expence employed in the elicitation,
consequence and at any rate, where it suits a learned Counsels
purpose that the operation it should be so, far is the
argument then put into
his hands for proving
it to be so.
Identifier: | JB/004/225/001 "JB/" can not be assigned to a declared number type with value 4.
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jeremy bentham |
j whatman turkey mill 1828 |
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jonathan blenman |
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