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Ch. Ends and Means
(1 §.1. Proper Suits
Law substitutive Adjective
Expositive and Instructive
Ch. 1
Judicial Procedure, ill ends and means
§.1. Ends Proper ends of judicial procedure
1
Body of the law two
branches 1. substantive
2 adjective
Art. An expression Judicial procedure supposes the whole body of the law divided
into two distinguishable branches — the substantive and the
adjective.
2
Substantive branch
1 right establishing 2
wrong repressing
Art. 2 By the substantive branch understand that which is occupied
in the oration and continuation of legal rights, and with repression of the
correspondent wrongs. Thence of the whole substantive there are
two individual branches — the right establishing and the wrong-repressing:
right-establishing otherwise termed distributive,
most commonly as yet civil in one of the half dozen senses of the word
civil as applied in law: wrong-repressing, otherwise termed penal
and criminal.
3
Substantive branch the
work of Legislator only
Art. 3 The substantive branch of the law on both those its sub-branches
is or ought to be the work of the Legislator; and of
him alone
4
Adjective branch carried
into effect by hands
of Judge
Art. 4 By the adjective branch understand that which
is occupied in giving execution and effect to the
ordinance of the substantive branch of which the substantive branch
is composed: of procedure, this effect primarily and chiefly and mostly by
the hands of the Judge: to whom for this purpose, the Legislator
communicates a correspondent portion of the authority
That which makes this and the former branch is therefore for the most part the joint work of the
Legislator and the Judge.
As for forms being efficient the ordinences belonging to of which is composed the
substantive branch of the law are intelligible without
To the rendering the intelligible the ordinances
belonging to the
to the substantive branch of the those belonging to the adjective branch in conception
as necessary: how necessary so ever the existence of them may be to the efficiency of them of those belonging in the substantive
branch
Identifier: | JB/052/178/001 "JB/" can not be assigned to a declared number type with value 52.
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1825-07 |
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052 |
procedure code |
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178 |
procedure code |
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001 |
expositive and instructive / ch. 1 / judicial procedure, its ends and means |
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text sheet |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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