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SECT. Interpretation (11
this opportunity, because I would not omit any opportunity
of inculcating what cannot be inculcated too often. unmasking, that Whether it be expedient
or no for the Legislature to institute any such
methodplan of interpretation ex-ante-facto, one
thing cannot be otherwise than expedient:
and that is to narrow the occasion for such
interpretation, by changingtransforming the rule of conduct
from Common Law into Statute Law ; or ratherthat is
as, I might say, from into Law from no-Law : to
fix themark out the line of the subject's conduct by visible directions,
turning him loose
into
instead of aband to wander in abandoning him to in the wilds of
perpetual conjecture.
[a] NOTE to p.10
A well known little history may serve here for an
example. of this. A once celebrated courtezan,
Constantia Philip's, claimed to be the wife of
a Mr Muilman. . The suit instituted by her
in that view, was still depending. To give repute
to her claim it was concerted ,that an action
should be brought against her as a single woman,
that she should plead this marriage,
to trialgo to trial upon that issue ,give such evidence
as she had to produce , none be given on the
other side, and that on that ground if possibleby which means it was hoped,
a verdict shouldmight be obtained , for her as the Defendant.
Being hisa wife , she
would not be answerable
for debts in her own
person.
The Court of King's Bench before which it was brought treated this project as an
offence of that sort which it stiled a contempt
Identifier: | JB/028/081/003 "JB/" can not be assigned to a declared number type with value 28.
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comment on the commentaries |
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081 |
[[info_in_main_headings_field::sect. [ ] interpretation]] |
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003 |
note / note to p. 10 / note continued |
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recto |
f9 / b10 / f11 / b12 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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