JB/050/073/001

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LAW & COMMON STATUTE —Decisions all particular. No General Rule exists

In a word to borrow an illustration from Natural
Philosophy [a material image]. A Decision
founded on a Statute is a ray of light issuing
from the Statute as it's true Radiant. A Decision
founded upon Common Law is a ray issuing
an imaginary rule, which we may term its false Radiant.

The effect of it
is always to declare

+ mentioned in the directory part

+ had been praedicated
therein as about
to be made consequent attendant
in every individual
future instance
(pardon & so forth excepted)
as a consequence.

A decision grounded upon a Statute always declaims that the fact in question is a genus an individual
of that genus species of facts+ on which as a species of offence species of punishment the penalty
of the Statute
(supposing it to be one of a particular kind)

The specific rule therefore
([or rather the generic, to speak with more perspicuity
tho' less precision]) that is the preposition
predicating these two specific ideas of offence & punishment one
as consequent upon the other exists: it
has been formed by the proper authority, clothed
in certain language, and that language
fixed by certain permanent material marks, the
letters upon a like permanent material substraturm, the
paper—in a word it is a written Law.
When the decision is grounded upon the Common
Law that is upon prior decisions,+ no such
rule exists. It is a fiction figment of the imagination
The decision is "quasi" from such
a rule—A rule is supposed which is a No such for the purpose
No such rule can exist because there is no
specific idea
comprized in [the terms of] the
decision. Every decision is particular,
upon the particular fact which called
for it—The numerical rule, is a rule which
is supposed, a mere figment of the imagination raised
by abstraction, on the one hand from the a
particular fact on the other from a particular
punishment connected with it, in the manner
we have mentioned.

and of that language
the object of
the impact of raising
making expression has been made permanent
& the object of
charged from the
ear to the eye by &

+ For a decision upon Custom stands
perhaps upon another footing
and decisions upon
other authorities upon
another as Treatise which
are evidence of
lost decisions, unlitigated
practise &c again upon
another.

Law Common X
Statute

Identifier: | JB/050/073/001 "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	073	Info in main headings field	law common & statute - decisions all particular - no general rule exists
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16064
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