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May 1805
Evidence
In different nations countries, at different periods, different conjunctions circumstances
lodged this branch of power, or different parts of it, in
different hands.
In the early days of antient Rome, a large portion of it
fell into the hands of the Patricians Patrician Order. Of course They failed not to make
the most of it: the ignorance and for a long time the patience
of the community was such as could be wished. In the time of Under
the Kings, and for a long time under the Consuls, the extent
of statutory law, that is of real law, being small scanty or next to nothing,
and the power of judicature being in the hands of the
more opulent few under the name of Patricians, the property
reputation, and condition in life, to of the bulk of the people
under the name of Plebeians, not to speak of life itself, were became
subject to their arbitrary will and pleasure. The oppression
which was the consequence – the oppression on the one part,
the discontent on the other, gave birth to the first mass of
statutory law of any considerable extent, the Laws of the 12 Tables.
These laws as far as they went were excellent, at that early period as far as the
state of the human mind could admitt of excellence. But the twelve
"tables" whatever might be the size of the those Tables, could not provide
for every thing: wherever where they ended, arbitrary power began, and
what was more worse, to under the absence of all regularly controuling
legislature, the power of interpreting this mass of statutory law, that power which being itself interpreted, which being interpreted
meant, explaining away and abusing ad libitum, remained to
the established manufacturers of jurisprudential law, the Patricians.
Identifier: | JB/047/133/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
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