JB/067/111/001

Click Here To Edit

1828 May 19
Law Amendment or Penal Code

What is above said of the English-bred law jurisprudence will with
some little variation apply to the Rome-bred law. What is
common to both is the fiction which pro ascribes to the
offspring of each moment an anterior existence in the
minds of departed sages this fiction and the principle of
imitation the instrument employed in th discovering what the
thought in relation to the individual subject matter in question
the thoughts of those were. Of the two haystalls
in which for the discovery of the gain in demand on
each occasion the rummage is performed the description
is in some respects different. In the English bred jurisprudence haystall
or say Judge made law there is nothing of
Statute-law it is all the whole of it Judge made. Of the contents
of the Rome-bred hay-stall a large portion is composed
of Statute law: law composed of a lesson of enactments
issued by an authority acknowledged to be the Legislative-Witness
the Institutor of Justicedure: though drawn up in a
form eminently inappropriate the Sovereign⊞ in addressing himself his address to his subjects presenting himself in putting on
invested with the Profession Robe and of its throne seating himself
speaking as it were from the chair of the Professor: instead
of speaking of himself as doing that which he is doing, speaking
as if giving an account of what somebody else has done.

The Digest it wears the appearance of a set of
Opinion brought stated to view without the particulars of the individual
cases by which they were checked. Opinion? but
of what class of persons? Of Judges? But this there should
have been debates discussion and debates, arguments of the
parties and their advocates, with or without arguments by
composed of observations made thereupon on each occasion by a Judge or Judges.
But if instead of being a Judge the Opinionist were no
other than an Advocate consulted by one side only then
would no more than, as at present, a guess as to whom
the opinion and correspondent decision pronounced by a Judge
on the occasion of the suit supposing a suit instituted and carried
on, would be. But if so it could not have any binding force:
it could not be binding upon
any Judge: it could not
be binding upon any body:
upon any body at the
time when issued: this
notwithstanding, at a
time by so many centuries
posterior to that
at which it was issued, it
has been taken in hand and a binding force given to it under the authority of sovereigns not considering themselves any of them as successors to the
any of the Sovereigns under whose government⊞
⊞ those same opinions were
delivered.

Identifier: | JB/067/111/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1828-05-19	Marginal Summary Numbering
Box	067	Main Headings	law amendment; penal code
Folio number	111	Info in main headings field	law amendment or penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / c1 / d16 / e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	21944
Box Contents