JB/031/217/001

Click Here To Edit

1828 Nov. 18
Law and Blackstone

all 18
(4

(2)
A view for the Students sake Mr Black is not here is
will be Moral Chaos It can not be better occupied. He needs little if
any exemption from use that we can give that is an undertaking we give

7
Immediate subordinate
ends of Government
four Subsistence
Abundance, Security
and Equality

Astraia in continuity. Tell me more of Law as
it ought to be what are the immediately subordinate ends
II. Secondary, no protection Next paid consideration Specific and ends of government

Felicia. Madam they are capable of standing expressed being indicated in
these four words. Subsistence, Abundance, — Security
Equality

☞ Proceed with the explanation of these from the "Lady Principles"
in print.

(1)
Dolosa. As to the distinction between what ought to be
and what in England the law is, it is no better than a
fanciful one: mere theory nothing better, neither Gretises
nor Puftendorf know of any such distinction Why Take any
arrangement which ought to be established: a necessary and
never failing consequence is — that unless that law which is
the perfection of reason it is established and as such ought to be deemed
and taken to be. So, again, conversely if by the once it is established
it follows by purity of reason that it is exactly that which
ought to be established. As the potter and the statuary
mould their clay, learned Judges mould the
law: which law is accordingly on every occasion at
once what the La it is and what it ought to be. Lord
Mansfield on one occasion speaking from the Bench declared it to be his
practice to mould the law mould was his very word.

The law is ought to so and so, therefore so it is: the law is so
and so, therefore it ought to be. Such is one law.
This being admitted it follows that the when applied to
the law of England the is and the ought to be are inter-convertible
terms. Understand this more particularly of the
Common Law which throughout and from beginning to end
is in a more immediate way the work of our hands. To
be sure there is the Statute law likewise. But on each occasion
this is exactly whatever we please to make it, whatever be the part
part in question we take
it in hand and mould
it into proper form, as if
it were so much common
law. Lord Eldon Equity
is but an improved modification
of the Common Law, Lord Eldon when he was Chancellor was seen practising this injudicious art form on the Chancery Bench for the instrument of the learned his learned among
the spectators ☞ See Judicatories

Identifier: | JB/031/217/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-11-18	Marginal Summary Numbering	7
Box	031	Main Headings	civil code
Folio number	217	Info in main headings field	law and blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d10 / e5
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9903
Box Contents