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1821. May 5th.
First Lines Divisions
(4.)
Of the whole body of the law or rule of action capable
of having force in any country, one preeminently remarkable
division, derived from a correspondently remarkable
source and pervading the whole mass, still remains. It is that by which it is distinguished into
two branches — the arrangements of one of which are arrangements
that have really been made — made by the
hands universally acknowledged as duly authorized and
competent to the making of such arrangements, viz, the
hands of a Legislator General or set of Legislators General,
or their respective subordinates. This branch of law may stand be
distinguished from that which is correspondent and opposite
to it by the name of real law, really-existing law, legislator-made
law: it stands in English under the English government
it stands already distinguished by the name of statute law,
as also by the uncharacteristic undiscriminative and in so far improper
appellation of written law: the arrangements supposed
to be made by the other of them, being in so far as they
are arrangements of a general nature applying not only to
individuals assignable but to the community at large, or
to individuals not individually assignable, being may stand be
distinguished by the appellations of unreal, not really-existing,
imaginary fictitious, spurious, judge-made law, it
In English under the English Government it stands actually already
distinguished by the unexpressive uncharacteristic and unappropriate
names of common law and unwritten
law.
of
Identifier: | JB/037/066/001 "JB/" can not be assigned to a declared number type with value 37.
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john flowerdew colls |
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