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1826. Novr. 30.
Review of J.B v. Sugden
All this while, that which, for the purpose
of the argument, has all along been unavoidably assumed,
is that these alledged rules – these alledged efficient
causes of certainty, have not only real existence,
but that existence derived from an authority
universally acknowledged to be competent to
make Laws. Bt to the full knowledge of Mr. Sugden,
because to the full knowledge of every body who
will but apply his attention to the case, both these
allegations are completely false. These same rules
with the beauty of which, Mr. Sugden is so enamoured,
no determinate set of words, have they, any one of
them, which can be said to constitute the expression
and sole expression of it. And what is that
rule which has no words belonging to it? By
what instruments can a rule be expressed and conveyed
other than words? these goddesses of Mr. Sugden's
idolatry are therefore, each of them no other
than a cloud: Mr. Sugden is rival of Ixion to another Ixion.
Then again supposing these rules so
many Laws, having each of them existence, who
is it that they have had for their maker? Not
the Legislature, for in that case they would be
what, by the supposition, they are not, fiz. portions
of Statute Law, not any one Judge or an one set
of Judges; for a maxim universally recognized by
all of them is to no judge or set of judges belongs
any such power as that of making law.
All the power they pretend to consists i the declaring,
on each occasion, what is Law, i.e. what that Law is
which has already been made.
Law which has already been made – And if so it be,
by whom, in this case, has it been made. Again
Again
Identifier: | JB/078/192/001 "JB/" can not be assigned to a declared number type with value 78.
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1826-11-30 |
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078 |
Review of Humphreys |
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192 |
Review of JB v. Sugden |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
C7 |
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J WHATMAN TURKEY MILL 1826 |
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Jonathan Blenman |
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1826 |
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25283 |
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