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1828 July 25
In this way was law made everywhere in at its
origin, at that stage to any considerable extent, reference comparison
had to of the whole field, in no other way could it have
been made: Judges were accordingly the functionaries by whom
in this state of things, in so far as it could be said to be made
it was made. By no other hands, in that state of things
could it have been made. The earliest mass of Statute
law at this time recognized and referred to as such is
that called Magna Charter enacted by King John.
Taken by itself But for antecedent authority exercised over operation performed in the same
field by other authorities – in a word by Courts of justice
it would amount to next to nothing: it is no more
than a narrow slight strip of King made Statute law pinned on to a
ground of Judge made Common Law. B Going back from
this King to the Norman Conquest Conqueror you have see a set if
regulations all of them inapplicable to existing circumstances,
most of them occupied in setting bodily granting licences for
the infliction of bodily suffering in different shapes, death included, to be inflicted
at fixt prices. They saw not it should seem that
prohibition under a fixt pecuniary penalty in
itself a licence. Thus blind were lawyers in those
early times. Not much less so are they now. Witness
Bonaparte's penal Code. Witness so many English Statutes
of all dates down to the present. From the Norman Conqueror
go back to Egbert the first Sworn Monarch of all England the regulators
you will see are in the same strain: Go back to still
further you may see enactments all in the same a similar strain
made in all or most of the seven Kingdoms which by
Egbert were consolidated. As in England so in those other
countries in which the system mode of Government called the feudal
had place. Main object of government – defence against foreign aggressors. The whole governing portion of the population in grand
army – General and paymaster the King: pay composed of pieces
of land instead of pieces of money, money there being next
to none.
Identifier: | JB/030/064/001 "JB/" can not be assigned to a declared number type with value 30.
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1828-07-25 |
13-16 |
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030 |
pannomion |
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064 |
jud. |
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001 |
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text sheet |
1 |
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recto |
c5 / d5 / e5 |
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jeremy bentham |
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9571 |
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