JB/011/201/003

Click Here To Edit

the Judges complying with, or frustrating and in effect overruling,
the Statute law, as happens to be most agreeable to them.
By a repealing Act, Parliament-made law is united repealable:
But Judge-made law, not: this is an often avowed doctrine.
Edmund Burke (I think it was) when they he repealed the frustrating forestalling on Statute,
tried to repeal the Common law practice: but the lawyers
would not suffer him.

Law language contains some five or
six words, by any one of which new crimes can be manufactured,
in any sort and number. Two of these are conspiracy and bonos
mores: more particularly conspiracy: which stretches
its arms in potentia over the whole field of criminal law, and in
actu has covered no small part of it. This can not be a secret
to Cabinets: but the subdespotism of the Judges is in the
hands of the superdespotism, an instrument which it can
employ at pleasure: an instrument most convenient
to both; for, at the expence of a few words in a few minutes,
a single Judge can do, without any the smallest responsibility
what could not be done in less than as many months,
nor without unpleasant howsoever little dangerous responsibility,
in Parliament. This, though a digression, is not an inapposite
one: because, if the Cabinet can not prevail upon
itself to give up to a certain extent the use of this same instrument,
universal security of property can not take
place of the present universal insecurity.
Another

Identifier: | JB/011/201/003 "JB/" can not be assigned to a declared number type with value 11.
Date_1	1826-08-19	Marginal Summary Numbering
Box	011	Main Headings	law amendment
Folio number	201	Info in main headings field	letter i corrected brouillon
Image	003	Titles	on mr humphrys's proposed property code / offer in relation to it
Category	correspondence	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	john flowerdew colls	Watermarks	w weatherley 1825
Marginals		Paper Producer	fr2
Corrections	jeremy bentham	Paper Produced in Year	1825
Notes public	[[notes_public::"fair copy sent to mr peel's house, endorsement private 19 aug 1826" [note in bentham's hand]]]	ID Number	3898
Box Contents