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1827. March 3 Nov. 17
Constitutional Code Ch. XIII Judiciary collectively
§. 22 for the
</del>§. 22* Application to unwritten law
☞ Quere has not belong to this head
Unwritten before: of Law inferential
☞ At the conclusion of the or say inferred neither belonging to
the 4 to 5 conjunct Sections, add the application if not already added the
application of the same principles to the case in which the rule
of action in the shape of Common Law.
Art. 5. Follows here the mode in which to the eventually emendative
Art 5. For a warrant for his choice of Judge this pre-interpretative function respectively must in this case be given.
For a warrant for his decision, that is to say for his imperative
case hereto a general rule framed by him as exhibition decree, the Judge in guise of the corresponding opinative decree,
frames a general propositon or say rule, expressive
of the supposed views of the Judges of the then present and past present and past ,
in relation to the portion in question of the field of legislation: and, to
those who the expression thus given of the thing presumed will if the Legisture,
the same effect may be given as to the tenor of the will
of the Legislature when declared by the in the way of enactment,
on motion made by a in the Legislative Assembly by a Member of
the Legislature.
☞ N.B. Naturally speaking a provision to the effect
will be in a particular degree unacceptable to lawyers, official and
professional, in respect of the clearness of the light it will throw
on the nature of the imaginary rule of action called Common
Law.
Art. 6. ☞ Copy here the marginal.
6.
Placing in this strong
light the difference between
really existing and imaginary
fictitious law
proportionably unacceptable
will be such an
arrangement naturally be to the
fraternity of
lawyers.
Identifier: | JB/034/267/001 "JB/" can not be assigned to a declared number type with value 34.
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jeremy bentham |
j whatman turkey mill 1826 |
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admiral pavel chichagov |
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