JB/050/022/001

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MAXIMS—Construction of. 1

Many which sound big and are looked upon as of great excellence & importance, when
they come to be applied to particular cases are found to be in effect merely to be but tautology
and identical — Having therefore no proper measuring of their own themselves, each the use that is made of
them is, that each party finds itself at establishes himself in the liberty to give them one of it's own — Hence
instead of + They do not take measure fathom of the subject—Hence the effect of them is, instead deciding they to exasperate those contests which divide a nation. [water to quench those contests jealousies and animosities contests, they score become but as
to kindle them and increase the flame] — Each party partizan having [+] {2 becomes the more fierce by the charge
of disobedience to it which he gains a pretence of urging against his antagonist} towards the Idol which
[he] himself has [+] substituted an Idol of his own in the room of the general genuine authority thus quiescent & unmanage
on Interpretation a Sense adapted to his own purposes in the room of a Text of itself thus neuter & unmanageable undecisive

[++] a part of The celebrated Article of Magna Charta turned put into the form axiomatic of an axiom will serve to illustrate what is here meant. [++] "No one can be imprisoned but by the Judgment of his Peers, or the Law of the
Land." — By this celebrated axiom Here then we see a shew is made of ascertaining what are bounds
of the power of the Sovereign over the Liberty of the subject: but certainly no such thing is
done — Declare that there are bounds (a great thing! indeed and all that could was to be expected
in that such an age) it does: but by no means does it point out what they are. as to what they those bounds are are it is, to every significant purpose, silent.

The chief benefit of Magna Charta was the nourishing of the spirit [of] resistance: the precise on which it was to be called forth tho' it professed it did little towards determining. It served rather to declare that there were boundaries to the royal power, than what they were. By transmitting the memorial of a Sovereign treating with & to his subjects it gave them that increase of rate funds, which such a precedent is calculated to establish. It had an effect in raising their situation with respect to him, similar to that which the practise of permitting to Copyholders till constitution with their Lords had to Copyholders.
Had it declared said simply "but by Judgment of his Peers" it would (in as great a
as it could in so few words) have done the business - but this it did not as there were a matter
-tude of reasons why it could not should not, nor right, to do so neither has it done.

An Interpretation that is added to a Text is either better calculated to convey it's meaning, or not so well. if not so well, it is good for nothing — If better, the subjoining it is an avowal that it ought that this interpretation to be substituted in the room of the Text for that that Text does not answer the purpose for which it is pretended to be deliver'd
It declares therefore that this may can also be done "by the Law" viz: of the Land.
Now "can" + + To use the word can, instead of the word "shall" as being that which is suited to the aphorism when converted the aphorism obviously requires in it's conversion from the legislative form into the axiomatic. (for of the two other senses of the word, viz: "can" in point of fact & "can" points
of morality the first is by supposition not true, and the second other not in question) means
"can" by Law" — The maxim therefore as to this latter part is does just as much as to
that a man 'by Law cannot only be imprisoned but by Law, which is a tautological
proposition.

The Truth is, there is but one way by which a legal maxim is to be constructed to
any purpose of truth 2 or of utility 1: which is, by applying it to trying it first upon every Article to of the
subject matter to which it is applied, to make it exactly commensurate to the whole

The common account in apology for the multitude of axioms of this sort, of which
there are so few that would stand this Test is that they are indeed in strictness true, tho' only in a pa particular
light, & as applied to particular subjects; whereas if they are not true in all
.... But by a certain Authority, in a certain manner—for a certain cause ...... But by virtue of some special Law.

Identifier: | JB/050/022/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	022	Info in main headings field	maxims construction of
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16013
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