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1828 Aug. 3
Blackstone
For debates as to Blackstone
make reference to Fragment.
Law as she ought to be thinking saying by signs. I am Prudence has gagged me
I can not speak. Go to my Sister. She speaks for me.
Part or Ch. Form of Government
We are now come and in the last place to the form of government: to
the consideration of the powers of government and the hands in
which they are lodged: and the proportion in which among
those hands they are distributed.
It is usual, on this occasion to speak of the Constitution:
to speak of it as if a thing in existence. This expression
however we shall purposely studiously avoid as much as possible. Our object
throughout has been and still is is to convey conceptions as clear and correct as possible in relation to every subject matter: to con obviate and exclude delusion. To speak of a
constitution as a thing in existence would be to propagate spread
or at least to endeavour to spread delusion. We have explained
the The Constitution is a mere fiction: the word Constitution is
a sign without a thing signified. We have shown what
sort of a fiction the so called Common Law is: the Constitution
is part and parcel of that same fiction.
The non-reality of a fiction can not be more
clearly shown than by bringing it to view in comparity
with a reality which is commonly expressed by the same
name. The Anglo-American United States a Representative Democracy have each
of them its Constitution: the confederacy in the very power of
it it each of them is it present and may be may be seen by anybody: the
whole confederacy has in like manner its constitution. France
a mixt Monarchy has in like manner its constitution. It is
called the Charter: granted by and accepted at the hands of
Louis the 18th: apparently in imitation of our Maj the
Charles granted by in England by, and accepted at the hands
of our King John.
Other European nations have done their respective Constitutions
such as they are. But, for the present purpose the
American and the French are will be found seen to be sufficient.
Identifier: | JB/030/083/001 "JB/" can not be assigned to a declared number type with value 30.
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blackstone |
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jeremy bentham |
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arthur moore; richard doane |
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1828 |
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9590 |
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