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CLASSIFICATION. Old disadvantages of
Nor is the matter much mended, by the jumble
of fragments of the a natural method, with
fragments of an artificial + A System of Jurisprudence
will appear like one of Botany in which the: it is as if the in Botany
1st class were to consist of Plants having
one male organ of generation, the next of
such as were used for physic, a 3d Pot.herbs of such
on which the copulation was male & female organs <add>apparatuses of question were in different
individuals, a 4th of such as were eaten shewd
a 5th of such as were eaten , & so forth.
By the Punishments being assumed for the Characteristic,
on the one hand Offences the most disparate
in their natures are brought together: on the other, the other the most unnaturally
most related are torn asunder. The .......
stands between ......... & .......
The attempt if the same <add>act is separated from the perpetration
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The common arrangements, being taken out from the nature
of the Act, but from a circumstance entirely accidental
& foreign to the Act, are in effect as applied to the offences
themselves no arrangements at all: they are if anything
arrangements of the Punishments... you
must first know what is the Punishment for an offence,
before you can find it out.
It is such a sort of arrangement for Jurisprudence, as
for Botany it would be to divide vegetables into useful
vegetables & weeds, & useful vegetables again into
such as were used for food & such as were used for Physick
& such as were used for food into such as were
eaten dres't & such as were eaten raw. In both cases
the arrangement is equally far from affording any mark
whereby the subjects of the respective Sciences may be
known.
The Plant which is thrown aside in one country or at
one time, is made use of in another country or any at another
time, what is used for food here is used for Physic there
what is eaten raw, or by some dressed various ways by
others.
CLASSIFIC. Old. Disadvantages of.
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Shifting from Source to Source.
By the above preliminary observations we may
be prepared for taking a short service of the system
of arrangement adopted in the Commentaries: a
a system, the acknowledged superiority of which
above every thing that has gone before it will
displease us from searching into their Labyrinth
which has caused in great measure to be
deserted.
Sr. M. Hale+ + Hale H.P.C. in treating of Offences made Felony by Act
of Parliament scruples not to confess that it is hardly
possible to refuce the Titles of them under any dependent
method," & that" it is difficult to digest them
under heads: in consequence he betakes himself to
the artificial method of arranging them in the chronological order
of the Laws which made them so.
Identifier: | JB/063/079/002 "JB/" can not be assigned to a declared number type with value 63.
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law in general |
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classific. old disadvantages of |
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shifting from source to source |
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jeremy bentham |
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