★ 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
With of being then ( you remain below the
14. Ib. p.7. "Objection", to codification by Lord Bacon"
It (to Codification." It will turn the Judges, Counsellors of law, and Students
"to School again" .... if, the common law were now
moulded into a text law, for then men must be new to begin".
Observation. No such thing. It will Comprehensivle law will place them all together
at the with the degee of litigants into the bargain, – all with the degree of L.L.B.
to Bacon's desirous that course.
Observation. Yes, and of necessity. Times wee not then ripe for it. Wanting at that time were – 1: Materials:
were wanting: brought to view in sufficient quantity, cases presenting a demand
for legislation. Of these now Aº 1827, England possesses now Aº 1827 at present a stock altogether
matchless and quite sufficient. 2. An Wanting besides was an Operatos
and sufficiently qualified. In Bacon's time the human mind was
a child not as yet able to go alone: his Code, had he
made one, would have been a for matched with his Natural
Philosophy. The greatest happiness principle, first proclaimed by Priestly, had not
presented itself to him his view. The string of Legislative maxims ends in
smoke. Transcendent was the genius of Bacon; unspeakable
the service rendered by him: two words First
examination suffices for the expression gives however the whole of it. So, in the
case of Locks, three words – Innate ideas, none. In
codification, his failure is notorious.
For more than half a century, J.B. a man still living has been
occupied in pr the endeavour to pull down the work and mode above of .⊞ ⊞ Addition, yes. Reparation
yes. But he has shown
how at all times Common Law, and
Amendment as in the
present form in Statute
Law can be kept from
growing out of it, and
choking it. Blackstone's
old castle – and upon on the site of it, to build on
upon this foundation laid as above by Priestly, a tenement fit for use:
all but the Constitutional part applicable to present place and time.
Mr Peel if he proceeds in the same consolidates
With or without , consolidation, as far as it goes
will find he has been , that his work has like
may be made better than nothing. But f it supersedes or shaves off codification it will be worse. The Builder will find, that
the Custom house, his work had been built upon a quicksand. It will
sink, and his reputation along with it. For a time he
may indeed have reap praise in quantity: nor even from the lawyer tribe,
and it be wanting: for, to them the acc saving of time and labour will be considered
the loss nothing: loss none: a waste to litigants low will remain incomprehensive, justice
inaccessible. This they
will not be much longer
satisfied with. Already
they understand the bread-tax
they are beginning
to understand
⊞
⊞ with the filth of fiction.
Identifier: | JB/011/247/001 "JB/" can not be assigned to a declared number type with value 11.
|
|||
---|---|---|---|
1827-01-21 |
|||
011 |
law amendment |
||
247 |
jb to peel on manifold paper |
||
001 |
|||
collectanea |
1 |
||
recto |
d2 / e2 |
||
jeremy bentham |
j whatman turkey mill 1826 |
||
jonathan blenman |
|||
1826 |
|||
3944 |
|||