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Ch. VIII
§. Demand paper
Additional Note to Demand Paper A.
Art. Case III. Suit criminatory and purely public.
Collative Law. That necessary is the supposition of
either a Code of real law, or a nebulous alledged equivalent
in the shape of imaginary, Judge-made
equivalently generated law. But the Code in question
it may be said is yet to suit. No, in outline at any rate it is not yet to suit.
For, it is already, in the mathematician's phrase is
given: it is given in this very set of Demand papers. When
the several title-making events collative and ablative are
specified, the matter of all the several branches of the law
as here established by the names of the different sorts of
suits is given. The great difficulty is already surmounted
and removed: what remains is comparatively mechanical:
supposing no changes desirable, the facts which
under the present system have respectively the effect of
collative and ablative events with relation to the several
species of rights, and thence of services, [effective, and
correspondent judicial] might be picked up from the existing
digests. From the Digests: for as to the Reports with their arguments
whatsoever may be their use for argumentation and
judicature, with reference to the purpose of legislation — of
codification — they would be comparatively, if not absolutely
useless. In At any rate, in the execution of this work, no conflicting
arrangements would be admitted: whereas it is of such mutually
conflicting demands that the chaos of Judge-made law is, by far
the greatest part of it, composed.
Identifier: | JB/056/042/001 "JB/" can not be assigned to a declared number type with value 56.
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1825-03-19 |
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Procedure Code |
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Procedure Code |
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001 |
Additional Note to Demand Paper A |
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