JB/078/202/001

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1825. Decr 7.
J. B. v. Sugden
3.

Statute Law in hand, with this instrument,
in so far as disposed to do so, Government
may provide apply a remedy for every evil,
make provisions beforehand for every exigency;
and this, either for the benefit of the ruling few
alone, or for that of the few and the many together
is its constant occupation. For in parliament,
nothing can be imagined which any man
may not originate. Now then Common Law —
what can it originate? Or rather, to speak sense
instead of nonsense, the Judges — in any Judicatory,
what is it they can originate? Answer —
on chance — Nothing can they do, but what some
individual, or at any rate in particular cases,
some official person applying in the character
of an advocate for Government, brings before them —
And thus it is that it is to more chance that
Mr Sugden refers us for our rule of action.
As well might be put a number of decisions
into a wheel, and set a charity boy to draw
them out, as in a lottery. Not but that, when
the pleasures of chance present them with a favorable
opportunity, they know how to make the
most of it, and cover with their illegitimate a larger portion of the field
than the legitimate legislation ever thinks of covering.
For legislation in this form, a single word
suffices witness blasphemy, bonos mores, conspiracy hurting feelings, conspiracy, so then be but two individuals
concerned or alledged to be concerned
in it, enables them to convert any species of
human action whatsoever into an arbitrarily
punishable offence at pleasure. This is what
has been demonstrated by Mr Bentham in his
Tract on the case of the King v. Cartwright & others —

Identifier: | JB/078/202/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-12-07	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	202	Info in main headings field	JB v. Sugden
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C3
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25293
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