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1827. Jany. 22<hi rend="underline">d
J. B. to Peel. On Manifold Paper.III. Jb. p. 7. "Objections by Lord Bacon" (to codification)
"It will turn the Judges, Counsellors of Law, and Students
"to School again .... if the common law were new
"moulded into a text law, for these men must be
"new to begin."
Observation. No such thing. Comprehensible Law
will place them all together, at the Universities, with
lay-gents into the bargain — all with the degree of L. L. D.
Bacon. "I disavow that course."
Observation. Yes, and of necessity. Times were not
then ripe for it. 1. Wanting at that time were materials:
brought to view in sufficient quantity cases
presenting a demand for legislation. Of these, now Ao. 1827,
England possesses a stock matchless and sufficient.
2. Wanting besides were operators 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 matched with his Natural Philosophy. The greatest
happiness principle, first proclaimed by Priestly, had not
presented itself to his view. His string of Legislation maxims
ends in smoke. Transcendent was the genius of
Bacon: unspeakable the service rendered by him: two
words, Fiat experimentum, give however the whole of
it. So, in the case of Locke, three words. Innate ideas,
none. In codification, his failure is notorious.
For more than half a century, a man still living
has been occupied in the endeavor to pull down the
work and abode with the filth of fiction,
Blackstone's old cattle — and on the site of it, to build
upon the foundation laid as above, by Priestly, a
tenement fit for use: all but the Constitutional part
applicable to present place and time.
With
Identifier: | JB/011/250/001 "JB/" can not be assigned to a declared number type with value 11.
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law amendment |
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jb to peel on manifold paper |
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correspondence |
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john flowerdew colls |
j whatman turkey mill 1826 |
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jonathan blenman |
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