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NOTORIETY. New Year-Books v. the Titler Police in the Oxford Mag for June 1771 for remarks on the inaccuracy of the Sessions Papers
1
If a contributor of Notes should think himself injured, by the manner in which any of
his case notes is published, he should have the liberty of printing that case to make good
his complaint: but the authenticated report should still be the only one permitted to be
cited.
If the unauthenticated accounts of our the its own legal transactions of our own tribunal are forbidden to be cited, much more ought those of foreign [tribunals:] still more there of extrajudicial opinions of foreign writers a prohibition measure equa that would be as popular as salutary.
2.
The large Reports should be printed in a pocket volumes and a small point —
1st for the sake of portability. 2d to share lighten the expence of such an sudden additional influx
of books all equally necessary to be purchased.
3.
The Revolution, perhaps even a nearer epoch, might be taken for date of
their commencement. No cases unpublished prior to that period at least, are known or circulated
in the profession. The efficacy of a decision is either direct or collateral in producing certainty more regards either 1st the very point in dispute 2d others that bear an analogy to it. If such an one antique case should be brought out now for
the first time it's collateral influence would either be in concurrence with the
influence of those which are known and circulated, or in opposition to it. If in concurrence
the certainty that can be produced, is produced without it, and it is superfluous.
The influence of a decision is either Direct only Collateral as well as direct
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If in opposition, it would shakes the certainty that there is already by it's reception being received
while, it s since by the supposition it has never been consider'd as subsisting,
nor therefore as binding, it would not shake it by it's being rejected. b rejection
If it be such as to have has no other than a direct influence, (of which sort there must needs be very
few if any) the point may as well be left to be decided reserved to receive it's decision in an improved state
of Jurisprudence, as governed by that made put incognito in under a rude one.
4.
The time from which publication should commence being fixed, the next Questions
are 1st whether it's should be carried on by subjects or by periods course should be marked out by the subject, or by time. Then 2dly If by the
time whether in it's the natural or inverted order.
As to the 1st Question, It should seem that a few compact and insulated
subjects might be first selected, the publication doctrine relative to which might be compleated
at once through the whole extent of Time. + + But this would hardly be worth while if the whole should be compleated as it should seem it might be in 4 or 5 years except as to Criminal Law which might be done forthwith. Of this kind is the whole Title of
Criminal Law (or Pleas of the Crown as the name Phrase is) the whole number of unpublished
cases relative to which (by reason of its comparative simplicity how great soever it's extent) could hardly exceed do more than fill a moderate volume in 12.vo
5
But these subjects must be so obviously distinct from all others, that contributors may
know without difficulty whether their cases the are possessed of respectively or are not applicable: or otherwise,
PROMULG. New Year-Books. Plan for [BR][1][ ]
Identifier: | JB/070/128/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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128 |
promulgation new year-books plan for |
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001 |
notoriety - new year-books |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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