JB/028/089/004

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Sect. Interpretation. 44

argument of the command:L what is it that is to be done in
consequence. 2 I mean, ☞ by a judge having the
man's claim to the ship, before him to decide upon,
Upon the face of the law standing as represented, how
is it to be interpreted (for the appreciation of the example
to the rule, or at least of the rule itself is not yet brought
home to practice) Is the sick passengers claim against
(the owner, ☞ to be admitted or rejected? Rejected, I
suppose; without doubt. For the question is not how
to prove a new law, but to interpret in prac—
tise so as to execute a law fabricating. Here then
we have the maxim laid down without guard or
hesitation scruple. When the reason of a law ceases, the
observance and execution of it ought to cease. "For
"when the reason ceases" (to use our Author's words)
"the law itself ought likewise to cease with it."
Whenever that since comes, in many instance of our that time comes,
The law ought to be made to cease, not by the legisla—
tor for that is out of doubt, and in this place out
of debate, but by those to whom it belongs for them—
selves, § ultimately by those to whom it belongs
authoritatively on the public account to interpret
it: that is by force of the interpretation they are to put upon
it; and with respect to these last, of the decision
they are in consequence to pronounce upon it.
This is the work our Author has made done by force of with this won—
der working reason and spirit of the law. Thus clear [This is the
alias] is the ground upon which he has placed the standard of decision.

☞ by the sick passen
ger and the owner
discussing the sick
man's claim together,
or, rather to suppose at men
the Appeal made to
Law, ☞

☞ being as the learned
are supposed to agree
and agree that rightly, not
within the reason of
the Law) Is it, I
say

in their own account

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Identifier: | JB/028/089/004 "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	089	Info in main headings field	[[info_in_main_headings_field::sect. [ ] interpretation]]
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f41 / b42 / f43 / b44
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9354
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