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(31)
Construction.
in an usurped supremacy, and shews them
how, to save themselves from the reproach of
disobedience, they may call in fraud to cover
it. I think that, after having done this thus much to reconcile
himself to his brethren, he has, according to
the wisdom of the unjust Steward done wisely,
and that he is has rendered himself worthy to be received into
their everlasting habitations. "But where some
"collateral matter" he says, "arises out of the general
words and happens to be unreasonable;
then the judges are in decency to conclude that
this consequence was not foreseen by our brother the Parliament,
and therefore they are at liberty to expound the statute by equity, and only quoad
hoc to disregard it." To "conclude", when it is
thought convenient to conclude that the Legislature
did not see a thing, not because the truth
is so, but out of decency rather than set your
will openly against theirs, the advice to pick and choose,
to obey quoad hoc, to disobey quoad illud,
"such is the advice our Author gives you if
you are a Judge. This is his notion of what is
"decent" for my part I should talk no more of
decency, if I taught men to "disregard" a Statute
quoad
Identifier: | JB/028/111/003 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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111 |
construction |
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003 |
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text sheet |
4 |
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recto |
f29 / b30 / f31 / b32 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9376 |
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