JB/031/066/001

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1828 Sept. 18
Blackstone

§.2. Universal Jurisprudence
(2) Conclusion
Language alone universal

On the part of Learned
Gents, ideas & language not
being clear: they confound Law
as it is with it as it ought to
be, particularly with regard
to Roman bred Law.

In regard to those learned persons, one little observation
more there is, which in the way of information may
you will find, (we hope) is not altogether without its use.
It is — that generally speaking they are not altogether
very clear and distinct decided in their conceptions, nor accordingly thereafter
in their language as to the difference between what
Law as it she is and Law as it she ought to be. When
speaking of Law as they in the county or parish they
say it is, they conclude without regarding the matter as
standing need of proof that it is likewise Law as it
ought to be: so likewise when speaking of Law, as it was at
a time ever so long ago past they say it was: saying
this that they regard themselves as having at the same time
and thereby said how it ought to be. Such in particular
is the case in regard to Roman bred Law: which
taken in the aggregate consists is composed of one common and
altogether boundless mass composed of Statute law
long since dead or between life and death, invented
by Roman Sovereigns of States long since dissolved, together
with talk about it by men of an equiva
a character altogether equivalent. to whom talk, though
they can neither themselves sovereign, nor had from any
sovereign any authority to make law, men can create
enough to give the effect of law.

It is neither Law as it is
nor as it ought to be — to
which A sanction of no
Sovereign body has been attached
to it.

this in Now then all this — what does it amount
to? Neither the one thing nor the other: neither what the law
is any where nor what the Law ought to be any where, nor
even what the Law is any where: if by Law be meant
a web of action which with any thing like security safety a man can
take for his guidance. Law, to which in the very word of
it is composed, the sanction of the acknowledged Sovereign of
the country whether residing in a single person or in a body of persons
has been attached — this
and this alone is
Law as it is: and this
is every where at last — but too widely distinct and different from what Law ought to be.

Identifier: | JB/031/066/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-18	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	066	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9752
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