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(34)
Construction
run counter to it? that of many hundred men
chosen the greater part of them by the people (I am now speaking of this country) or
that of four men, appointed by the Judge Crown.
"If there arise out of them (acts of Parliament)
"collaterally any absurd consequences, manifestly contradictory
"to common reason, they are, with regard
"to those collateral consequence, void." Suppose If we strip
this rule and the (with its expositions) given of it, of what
is dangerous in it, we shall find nothing more
than what our author said has been [blundering] beating about
again and again, and particular what he said
or meant to say in the rules of interpretation he
gave us in his Section about "spirit and reason"
and "effects and consequence". The examples there
given may will contribute to satisfy us of this: they
are as applicable to this rule, as to those. Was
it really the intention of the Legislator that the
surgeon who bled a patient to recover a man out of a fit drew
blood from him in the streets should suffer
punishment? consider the end, consider the
mischief to be suppressed, consider whether his act
contributed to that mischief was of the nature to contribute to of that mischief. Was it really
the intention of the Legislator that the sick man
who could not quit the ship should be rewarded
with the property of it? Consider the end of this
provision, consider the benefit of proposed to be instanced
Identifier: | JB/028/112/002 "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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112 |
construction |
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002 |
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text sheet |
3 |
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recto |
f33 / b34 / f35 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9377 |
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