JB/028/072/002

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25)

SECT: Parts of a Law.

In the common language of the bar, damages is
often spoken of as a remedy. And the [giving] restoring
a man a thing [again] he has a right to, comes
within the notion of a remedy [in part at least]
to the wrong done him, by taking it away from
him. Out of these two ideas he has patched up
in the manner we have seen, that of a the remedial
part that is to be found, he tells told us, in every
Law.

⊞ ⊞
Even here he dares not venture
[so far as] to give entire the tenor of
his example. Of the declaratory
and directory parts he gives something
that is pass for the tenor, since it
is included between inverted commas,
but which is not, since it is not that
that he makes speak, but himself for it.
But when he comes to the remedial itself
which was all that it was the purpose of
the paragraph to exemplify, he makes is one more at a
dead story stand: and finding it impossible to go on as he had
begun, finishes neither with the tenor of the imagined
instrument, nor any thing like
the tenor, but a mere vague
history of the purport.‡
‡ "If Gaius after this
will presume to take
possession of the land, the
remedial part of the
Law will then interpose
its office; will
make Gaius restore
the possession to Titius,
and also pay him damages
for the invasion.

Question upon question will here occur upon the occasion
to those who see how far this account is the several there given
from containing any thing that is intelligible. Is is
the to prescribe appoint these damages that is the "office"
of the remedial part, or only to point out appoint the
method of the course to be taken for recovering them? or both? If the former only, then
how does this part differs this part from the Sanctional?
If the latter only, then how comes it to appear before
the sanctional which it refers to speaks of? If both
then how come these two parts so different to be
made one of? reckoned but as one? How isit that this part of the Law more
than any other part makes Gaius restore this
possession, and pay these damages: and how what
is it that it does to make him? Is it that the
part and not the rest is the cause that he restores
and pay pays? No, for that is the an effect the that

Identifier: | JB/028/072/002 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	072	Info in main headings field	[[info_in_main_headings_field::sect. [ ] parts of a law]]
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f24 / b25 / f26 / b27
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9337
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