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20 Feby 1803
Ch. 9 Introd. Evidence or Procedure
Ch. 9. Of grounds for the exclusion of evidence
Laws(a) and dispositions of law have on a former occasion
been distinguished into substantive and adjective.
Note (a)
Note to explain the difference
between a law and a disposition
of law: and to say
that under a law, a disposition
of law is included.
Substantive laws and dispositions of law are all that
are not adjective.
Adjective laws and dispositions of law are such as
have for their object the giving effect to substantive laws,
by the application of the general disposition of the law to
each particular case. They are the same which are termed
Laws and dispositions of Procedure, laws, the business of which is to which regulate prescribe the
course of procedure.
The business – the final cause –is at least the
use of the laws of procedure is to give effect and
accomplishment to the several predictions of included in the
import of the substantive laws mass of law.
In the case of the penal class of the body of laws the import
of the prediction, is – as to that part which is addressed to
delinquents is. If you do so and so, you shall will
suffer so and so. This is the main direct and positive prediction
of the law. As to the part addressed to serve delinquents, it is –
If you do not do so and so, you shall will not suffer so
and so. This is the collateral and negative prediction of
the law.
In the case of the non-penal branch of the body of
law the import of the prediction is as to that part
which is addressed to claimants is – If you are in
such or such a case – if you are possessed of such or such
a title you on application made to the judicial power, you
shall be invested with such or such a right – Another instance
of a prediction of the direct and positive brand.
Identifier: | JB/047/127/001 "JB/" can not be assigned to a declared number type with value 47.
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1803-02-20 |
1-2, 4-6 |
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047 |
evidence; procedure code |
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127 |
introd procedure |
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001 |
ch. 9 of grounds for the exclusion of evidence / note (a) |
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text sheet |
1 |
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recto |
d1 |
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jeremy bentham |
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[[notes_public::"cancel, or engraft into introd. ch. 2 relation to procedure" [note in bentham's hand]]] |
14995 |
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