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14
Now let us consider the Civil Law as subsisting in our own
state, into which it has been imported
Neither None of it, neither Institutes, Digests, Code, nor Novels
are (it is plain from the definition of the word), autographic.
Conceive them all to be adopted by the any one Legislature. All of them are, as much as they were in
the state where they were native autog authoritative with
respect to the Legislature. Conceive them all to be adopted
by some not by any express act declaration of the Legislature
but only by acts of the certain Judges, they are not authoritative
with respect to those Judges. [Not authoritative as
Laws or portions of Laws, but only as portions of Jurisprudence] Speaking in general and without reference
to any particular either potentate in particular, we
should rather say they were not authoritative. Conceive
a part only of those each of them (as is the case)
to be adopted by the Legislature or the Judges, then
is that part only alone, [with respect to relation reference to the adopters]
respectively, authoritative. The misfortune is
that this part which is authoritative is not separated
from the rest by any description significative of the
words contained in it: it is not so characterized by
those who have adopted it as to be capable of any mechanical
separation from the rest. It is only separated
by a very most loose description of the ideas things signified by which such
the words composing such part of it may be supposed
to signify: and come of this part supposing it mechanically
separated, the import is to be understood to be
limited by such exceptions and conditions as are to
Identifier: | JB/028/177/002 "JB/" can not be assigned to a declared number type with value 28.
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028 |
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177 |
common law particular laws |
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002 |
[[titles::note [b] / note [c]]] |
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4 |
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recto |
b13 / e14 / b15 / e16 |
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jeremy bentham |
[[watermarks::[monogram] [britannia symbol]]] |
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9442 |
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