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For a Beginning Bacon Uncultivated
State of the Science here treated of.
[The great] Bacon,Advancemt of Learng. B. II. Works V.II p.539 Ed. Mallet. Folio.See p.V and VI on a passage of his
works, a part of which stands as a motto
in my titlepage likes notice of the
uncultivated state important but hitherto nameless of that master — science
which I have here ventured to speak bestow of under
the new name appellation of Critical Jurisprudence
[It stands]The field of it lies on the declivity of a mountain between the two busy spots, both
in a high state of population if not of
culture, that of Moral Philosophy above and that of Practical
Jurisprudence Law below beneath. Between
these two lies a trackless dreary waste: trackless
except where marked by the
transient short and irregular excursions of the
inhabitants of the those two bounding regions.
It is this waste I propose to take on hand put in a
for cultivation:course of culture: and in so doing to open
a communication
PREFACE. Beginning.
The success of those called Philosophers Pursuing chasing a number of ignes fatui which
under the names of Summum bonum Law of Nature,
Right Reason, Fitness of things, Rule of Right, have
during a [campaign chase] of many ages deluded
and wearied their ... pursuers.
NOTE.
Notwithstanding for the more publick
"part of Government" (he means in contradistinction
to maxims of executive administration
which he would have secret)
"I think good to note only one deficience:
"which is, that all those which have
"written of laws, have written either as
"philosophers or as Lawyers, and not as
"Statesmen. As for the philosophers, they
"make imaginary laws for imaginary
"commonwealths, and their discourses are as
"the stars, which give little light because
"they are so high. For the Lawyers,
"they write according to the states where
"they live, what is received law, and not
"what ought to be law: for the wisdome
"of a law-maker is one, and of a
"lawyer is another."
Not but that statesmen professional professed and occasional voluntary
are in plenty; but their disquisitions are almost exclusively confined
to the single branch of the Law that may
be called Constitutional, and to that point of
constitutional Law to that particular point, which happens to be drawn
into question debate by the measures of the day.
XI.
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