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1824. Novr. 22 + 1
Procedure Constitutional Code.
1
Ch. 1 Relative to Substantive
(1 §.
Ch.1. Procedure — its relation to the rest of the law
Ch. or § Relation between Substitution of Procedure
Adjective Codes, to Substantive Codes including all other
Codes
1
Procedure Code an
accessory one
A Procedure Code is an accessory Code which has for its end in view and occupation
the giving execution and effect to a correspondent
Substant principal Code: whence, the two denominations — of the principal
the Substantive Code, of the accessory the Substantive Code
2
Hence natural supposition
that without substantive
code the adjective can
have no meaning
Hence comes a natural supposition the substantive
Code should as mathematicians say be given, or the
adjective can have no meaning the substantive being throughout
a necessary object of reference.
3
This to a certain extent
does not apply
To a certain sha extent and degree observation this is correct applies and has place
undeniable truth of it. To a certain extent it does not apply.
If it did apply to its whole extent, the ensuing work would from
first to last be unintelligible and useless.
4
In procedure desiderata
means of execution & means
of proof
The procedure Code, in so far as it is clear
it ought to be has for its purpose and end mean and
occupation two things 1. the exercising for on the several
purposes occasions mentioned in the substantive Code powers of
all sorts over in relation to persons and things in the next case
coming at the truth of the case in regards to authors of
fact, to wit such matters of fact as are necessary to
give warrant and justification to the exercise of these
same powers; in a word say means of execution and means
of proof as in an word evidence. Of these two desiderata
the first mentioned is the first in the order of design and in
the order of importance. But in practice that which is
to constitute the warrant must precede the operation for
which it is to afford the warrant.
Identifier: | JB/052/186/001 "JB/" can not be assigned to a declared number type with value 52.
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1824-11-22 |
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052 |
procedure code |
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186 |
procedure code |
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001 |
ch. 1 procedure - its relation to the rest of the law |
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text sheet |
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recto |
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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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16859 |
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