★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
+1
Ch. Agenda
(4 (7 Expositary matter
Now as to expositive matters a few words.
One topic however shall we now be assured to
matter belonging to it being already in the pass, and capable of
being referred to. List
Of Subject matter requiring exposition exposition-requiring terms it at the hands of a Code of law —
these groupes, which it may be of use to distinguish,
these
1 Universal Jurisprudence
I Terms of universal jurisprudence. Example 1. Obligation
2. Liability 2 Right to Power. 5. Responsibility 6 Possession. Common source Original source
of exposition, to them the whole groupe, the idea of a command. Purpose of exposition,
exclusion of obscurity and Altogether unsupplied
though at all times urgent is the demand for exposition in the case of those which out of
At the command of my learned master will be the result of my existence was to supply it.
2 Amply extending
ordinary terms
2 Terms belonging to the common state of language, but in respect
of the use necessarily made of them for the purpose of legislation requiring fixation
of for the value of indeterminate
3 English Technical
terms
II. Terms peculiar to English-bred Jurisprudence Examples
belonging to from the field of property law. 1. Testament 2. Licence. 3. Trusts
4. Uses. 5. Springing there. 6. Executory Division. 7. Tenants Tenure
8. Mortmain.
4 Terms distorted from
ordinary acceptation
III. Terms belonging to the common stock of the language of directed technicality distorted by terms
but to the an import here by lawyers
but to which have distortion by lawyers been given an import intelligible
to none but themselves. [+] Example. [+] [+] 1 Applied to the
subject matter of property
real instead
of the Rome-bred
Denomination immovable.
2. Personal,
instead of moveable.
3. Applied to a conveyance,
voluntary instead of
gratuitous. 3. Voluntary
instead of gratuitous. do consequence 4. instead of non-party
5. Alternative, instead of reciprocity producing disposition.
6. Determination, instead of termination of an interest in an estate
7. Distress instead of seisure (prehension (it will be shewn) a more
serviceable term than either. 6 Concluded instead of precluded
4 8. the Servitude instead of Partial-ownership rights with the
corresponding obligations. Wanted for this idea a more expressive single word
denomination.[|] But the idea of prescribed by the word
Servitude is that which is of him to that of slavery Servitude another single-worded denomination, more expressive.
is a term imputed by . Another from Rome-bred
here without Instead of a particular interest in one thing
immovable, the idea it presents to a non-lawyer, in the condition of a person
in a condition bordering upon slavery. Here I have to term inference. Smuggled
it
it has been by this Reference of ours: Smuggled into introduced without nature from the continent into this our interest insular language.
[|] Servitude — a word
unknown to English law
has been smuggled into
it by our Author. the
Instant of a particular
interest in an immovable
thing the idea it presents
in the mind of a non-lawyeris that of a person in a situation bordering upon slavery.
Identifier: | JB/078/061/001 "JB/" can not be assigned to a declared number type with value 78.
|
|||
---|---|---|---|
1826-12-09 |
|||
078 |
Review of Humphreys |
||
061 |
Review of Humphreys |
||
001 |
|||
Text sheet |
1 |
||
recto |
E4 |
||
J WHATMAN TURKEY MILL 1826 |
|||
Jonathan Blenman |
|||
1826 |
|||
25152 |
|||