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Notes
(9) (1)
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17
Characters of the
Articles of the Civil Code
1. Expositive
2. Enactive
3. Instructional
4. Ratiocinative
5. Exemplificative
In several classes of Articles
in this Code as in the several other Codes, according to the
here proposed system the characters will be as follows: namely
1. Expositive 2. Enactive. 3. Instructional. 4. Ratiocinative. 5. Exemplificative.
viz.. with relation to any of the above. For the use and need of
Articles of these several description in every Code see Official Applied &c. Extracts
from Constitutional Code Introductory View
Exposition will be this character in the case of Chapters
I. II. III. IV. V. VI. VII. VIII. IX.
18
Under existing
system Enactive almost
the only one employed
In the hitherto existing system, as in other countries
in general, so in England in particular, with few and comparatively
inconsiderable exception of the abovementioned five distinguishable
species or say classes or descriptions of Articles the only one employed
is the Enactive. Of any of the Expositive class the
needlessness is assumed: but groundless and is this assumption and contrary
to truth. 2' As to article of the Instructional class, needful are will
they seem to be they for the information and guidance of the Legislators
present and future. 2. of the subject . 3. and of the Judge
19
By In the case of the enactive application
made by will to
will
3. Ratiocinative In the case of Enactive Articles the address is application made
from made to the will of one party — the legislator to the will of another the
subject nature application made by will to will
In that of the expositive
application made by
conception to conception
In the case of the Expostive the application is made by understanding
to understanding: viz. by conception to conception
In that of the ratiocinative
application by
judgment to judgment
3. In the case of the Ratiocinative the application is made
by understanding again to understanding: namely by judgement
to judgment
20
Inadequate every
book of law in which
the several classes
not found
Inadequate to its what ought to be its purposes may every
be pronounced every book of law in the texture of which these
several classes no appropriate assortment is not to be
found: inobservant of its duty the legislature of every
country in and by which such assortment has not been
provided.
Identifier: | JB/030/170/001 "JB/" can not be assigned to a declared number type with value 30.
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1830-04-04 |
17-20 |
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030 |
civil code |
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170 |
civil code |
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001 |
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text sheet |
1 |
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recto |
c9 / c1 |
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jeremy bentham |
b&m 1829 |
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arthur moore; richard doane |
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1829 |
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9677 |
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