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1826. Decr 8.
Review of Humphreys
89
Ch. Agenda
§. Matter
not to be
☞ .
J.B. not decided whether the shall be : new as to the exact for it.
All comprehensive end of the whole body
of the law, maximizing happiness in so far as dependent
upon law. And of the non-penal branch
as distinguished from the penal, establishing and
giving effect to such rights with the correspondent
and inseparably concomitant obligations
as are subservient to presented by regard for the all comprehensive
end. End of the penal branch, as contra-distinguished
from the non-penal, application
throughout of such remedies, as shall have maximize
the execution and effect given to those rights
with the least evil in the shape of delay vexations
Correct
and expense. Correspondent to the these ends in view
in the case of substantive law are an adjective law,
main end giving executions and effect to substantive
law-branches thereof 1. prevention of misdecision,
2. prevention of non-decision, where decision is necessary
to give execution and effect to the substantive
branch. Collateral ends, minimization of delay,
vexation and expense. Included in avoidance
of non-decision, is do of prevention of appropriate
suit or say application to appropriate Judicatory
for decision: causes by which application is prevented,
are non-cognoscibility on the part of adjective
law; needless delay vexation and expense,
as above. Causes of misdecision and non-decision
are 1. Inaptitude of the system of Judicial procedure,
2. Inaptitude on the part of the Judge.
Note here J.B's
Table of Offences
& Remedies.
Causes of the uncognoscibility on the part of the
rule of action in all its branches, as above, are 1.
the non-existence of any such rule, which is what
has place in so far as the fate of the suit and
suitor is left to depend on the non-entity commonly
denominated Common Law, more aptly Judge made
or spurious Law.
Speak as
of Agenda
of what is
in this way by Humphreys
Identifier: | JB/078/159/001 "JB/" can not be assigned to a declared number type with value 78.
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1826-12-08 |
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078 |
Review of Humphreys |
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159 |
Review of Humphreys |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
E6* |
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25250 |
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