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26 April 1805
Evidence
Another set of arrangements is composed of those whereby
the , to be taken by the several sorts of persons concerned,
in order for the purpose of enabling the Judge to render in each instance
the correspondent service as above described and to warrant him in the
rendering it, or in the refusal to perform this or that operation
in the event of its his being required to perform it, under
the notion of its being necessary to the rendering the correspondent some such pre-appointed
service pre-appointed service.
This second set of arrangements has, it is evident
no other object than that of giving effect to the several arrangements
comprehended in the first: in other words, giving fulfilment
to the predictions delivered, effect and fulfilment to
the engagements taken by them.
To two sets of arrangements clearly distinct & so essentially different in
their nature and description, it is absolutely necessary, that
two corresponding and distinctive appellations denominations be allotted.
For The first with reference to the second, are what I understand
by the name of substantive arrangements, arrangements
belonging to the substantive branch of the law: the second, with
reference to the first, by the name adjective arrangements, arrangements belonging
to the adjective branch of the law(a) (a) Adjective arrangements which are likewise substantive to the second may without
any such express reference, by the name of arrangements of
procedure, to wit meaning by procedure judicial procedure.
Note (a)
Of an arrangement belonging to the set Substantive arrangements as thus described, it may be observed that they are is conceivable enough
by him who without any reference to the set of adjective arrangements.
Although no arrangements of the latter description had ever been
taken, those of belonging to the former might have existed been taken, and were not altogether without
use. A certain degree of influence might have been exercised by them in the character of
moral lessons; lessons which
might have produced a certain
degree of effect by the operation
of spontaneously acting
motives. On the other hand
a set of arrangements of the substantive class, none not one of those belonging to the adjective class
could either have come into existence, or so much as have been conceived.
Identifier: | JB/058/054/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-04-26 |
6-7, 7a |
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058 |
evidence |
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054 |
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001 |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham |
1800 |
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1800 |
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18723 |
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