★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1827 Jan. 21.
J.B. to Peel On Manifold paper
Questions Custom House. Peels face will
Manifold writing – Specimens of it in three different
hands. January 1827
Speech of R. Hon. Rob Peel Tuesday Mach 9th 1829. Extracts.
Page 3. "It appears so conformable to conformable to
"the dictates of common sense that the law, of which all
"men are supposed to have cognizance – and which
"all are bound under heavy penalties to obey, should
"be as precise and intelligible as it can be made –
"that it is almost needless to fortify by reasoning or
"authority the first importance impressions of the understanding."
Observation. by J.B. To be intelligible, it must
have existence. Common Law has no existence. It has not
in any part of it, any determinate assemblage of words
belonging to it. It is a mere fiction. It is, in every part
made by every each man for the purpose of his own argument.
On each occasion Plaintiff gives to it one assemblage of words, Defendant of an
opposite one. Judge, perhaps a third differing from both
a second Judge perhaps coordinate or appellate superordinate perhaps
a fourth. These four mutually contradictory fictions
are they all or any of them "as precise and intelligible"
as it "(any portion of the real law)" can be made?
II. Ib. p. 5. " in nations have condensed and
"simplified their laws.
Observation. But how? Nor in pretence,
by consolidation; but in reality, by codification.
Condensation of all Applied to Statute Law Legislator-made
law, condensation is styled consolidation: On the continent Conversion of
Judge made law into Legislature-made law has been styled
homologation. Codification includes both: Codification
as far as it goes, it extirpates Judge-made law.
Identifier: | JB/011/246/001 "JB/" can not be assigned to a declared number type with value 11.
|
|||
---|---|---|---|
1827-01-21 |
|||
011 |
law amendment |
||
246 |
jb to peel on manifold paper |
||
001 |
manifold writing - specimens of it in three different hands january 1827 |
||
collectanea |
1 |
||
recto |
|||
jeremy bentham |
|||
3943 |
|||