JB/057/279/001

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1825. March 14
Procedure Code

4
Ch. ends of Justice
4 § . 1. Ends of Judicature

11
Procedure Code supposes
existence of a body of
legislatorial substantive
law

Art. 9 Another assumption is the existence of a
body of substantive law to which it is the business of the Judge in compliance
with the rules laid down in the Procedure Code
or say the adjective Code to give execution and effect.

This body of law in so far as it is real,
will consist of a portion mass of written discourse acknowledged
at the same time or at different times, by the person or
persons exercising at the times the superior power in the
State say in one word by the Legislator for shortness, in one word as
if in every case instance it was but one person — the Legislator
as containing the expression of his will as to the matters
therein mentioned. In so far as it comes under this descrpt
it is denominated Statute law

12
In so far as it is not written
Legislatorial law it is
imaginary

In so far as it comes not under this description
the considered as coming from the Legislator, is an
imaginary one. If how it may be termed, it is imaginary
law: just as it is to law what Jeffery of Monmouth's
History of England pretended but altogether fabulous is to real History: what a maiden is
to biography. To form a ground for his demand the
party demandant or his lawyer imagines devises/frames a portion
of discourse out of his own hand and says this is the
law: to form a ground for his defence if it be on the ground
of law the parties defendant or his lawyer forms out of his own
hand another portion of discourse and says — nay but not so that
but this is thus saith the law. The Judge to form a ground for
the decree he sees good to issue either adopts either the
discourse law feigned imagined on the pursuer's side or the law discourse imagined on the
defendant's side or a discourse of his own imagining,
and to warrant too form a ground for such imperative decree
as he sees good to issue, delivers a correspondent Decree
saying of the discourse so adopted or imagined by him Thus saith the Law.

Identifier: | JB/057/279/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-03-14	Marginal Summary Numbering	11-12
Box	057	Main Headings	procedure code
Folio number	279	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18609
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