JB/078/186/001

Click Here To Edit

1826 Novr 30.
Review of
J. B. v. Sugden
(1)

According to Mr Sugden's plan, throughout
the whole field of property law, the ground work shd
be or that is to say shd remain composed altogether of Judge-made law, with
here and there an occasional patch or two of
Legislator-made law; and that at any rate no endeavor
should be made to cover the whole with
Legislator-made law especially to the exclusion of Judge-made law. ☞ Give quotations in the shape of notes. From this state of things, what
are the advantages that he promises us? Answer —
1 conduciveness to the only proper end of law whatever it be. 2 Certainty and 3 notoriety: both in a superior degree.
Let us examine the promise which Judge-made law affords
of possessing these several beneficial qualities in a superior
degree, as compared to Statute Law
First as to conduciveness to the only proper end. ☞ Pass over this for the present.
Let this end be, the greatest happiness of the greatest
number no other end than this can we figure to
ourselves to be the proper one, unless and until
Mr Sugden comes forward again and assures us
that, in his opinion, this is not the most proper
end, but that either it is not at all a proper end
or that there is some other still more proper; telling
us at the same time what that more proper
end is (and how it comes to be so,) we shall consider him as admitting this to
be the proper and only proper end. This being the case,
one thing which he will stand bound to show, is
that this perpetual and universally extending existence authority ✓
of Judge-made law, is conducive to that same universal
end, as also to the maximum of certainty
and of notoriety. Now

Identifier: | JB/078/186/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-30	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	186	Info in main headings field	Review of JB v. Sugden
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25277
Box Contents