JB/052/180/001

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1825. July 5
Procedure Code

Ch. Ends and Means
(3 §. Proper End
Law Substantive Adjective
Law Statute & Common

8
Law Statute & Common

Art In contradistinction to a sort of imaginary law called Common
or Unwritten Law, Statute law is a name that has been
commonly given to the only species of law really in existence

9
Statute law alone the
work of the legislator

This sort of law it a is which in respect of the substantive
branch alone is the work of the legislator, and of the substantive
and adjective branches together the whatever application is made is the
joint work of the legislator and the Judge

10
Common law When real
the work of the Judge

Of what is called Common Law whatever there is that
is real is the work of the Judge operating with instead without and in the stead of the
Judge: operating with unless in so far as connivance, or
allusion is to be regarded as sinister, without the of
the Judge

11
Common law mode in
which it is produced

That which on this occasion the Judge does is, to give
execution and effect or propose as if to give execution and
effect to some ordinance or ordinances imagined by him on each
occasion for the purpose, and spoken of as if already established
by the Legislator. For the purpose in the issuing of an
particular decree or order operative or imperative he assumes the existence
of a corresponding general ordinance as having from
the legislator. But the assumption is in every instance a false
one. If it were true the supposed general ordinance would be
— and expressed by a determinant and producible
assemblage of words, to which assemblage of words the Legislator
at a determinate time and place would have attached a
sign declarative of its containing the expression of the
will. But that in no such case has any such declaration
be made is manifest: manifest, were it only from this, to wit
and if so the assemblage of words in question would have been a
portion not of common Law but of Statute Law.

☞ Proceed here to shew how it is that Common Law is formed.

Identifier: | JB/052/180/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-07-05	Marginal Summary Numbering	8-11
Box	052	Main Headings	procedure code
Folio number	180	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	16853
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