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Redundancies may be divided into 1st Simple or absolute. 2.dly Compound
cumulative, or comparitive.
Cumulative again into 1st Tautological or Homoinomious or 2. dly
Contradictory or Antinomious. Antinomious fully and point - blank
there can indeed be none of these which issue from the power
among the acts of the Legislature. properly called Legislative, since in this case the more recent
will always destroy the preceding, tho indeed they may continue
to do mischief by their redundancy as instruments bearing
the form of Law after they have ceased to do the mischief their
redundancy as Laws. When blended in the same collection with
others that are in force, they often pass as if they were in force
themselves.
The Antinomious, that are seen happen by enlargement
restraint or modification.
Whenever any of these operations is performed the Collection
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remains burthened with 3 Articles instead of one with which
it ought to be viz: 1st the article altered in its original form
2dly the article altered included in form of a recital in that
which alters 3rdly the article altering itself.
There is a distinction now well known to Lawyers, first started
by Ld Bacon, concerning Ambiguities, into latent & patent
By Patent, are meant, such expressions as appear to be so
upon the face of them; at least upon the face of the whole instrument
of which they form a part - By latent, such as for
ought that can be there perceived denote some particular person
thing or action with certainty & precision sufficient : but which the
instant some foreign certain fact comes to be known, appear to be obnoxious
to a diversity of interpolationretaion.
COMPOSITION. Redundancies
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With some degree of analogy to this we may like manner
speak of redundancies subsisting after two manners, as patent
& as latent.
By patent which may be stiled also Natural or original or actual. we may understand such as appear to be such
Now & upon the face of them: by latent which may be stiled Conventional, Positive, or Possible such as will become
turn out so hereafter after the construction of such conventional
rules as may be established for the purpose of abbrevations.
Redundancy patent & latent. A Statute may be seen to be redundant 1st by entire clauses sections, 2d
by Sentences parts of clauses Sections. 3d By Words parts of Sentences.
Those of the two first descriptions may be termed Logical redundancies -
those of the 3d Grammatical. In considering these several
ranks, the Analytic be preferable to the Synthetic method
since in applying the rules that may be constructed upon the
observation of those vitiosities, to practise this the order first mentioned
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will be found the most commodious to pursue. It is
the most commodious, because as of those Sections which may
be found redundant in the whole or containing something
more than is necessary to give the requisite efficacy to the
Statute, many will be found to contain Sentences which
again are in the same manner redundant to the purpose
of the sentence, by extirpating the whole together we should
save the trouble of a separate extirpation of the pasts; as
it would be best labour to cut off every finger separate -
when the whole joint Hand was to be submitted to amputation.
This destruction distinction between the two first numbers of this division,
is indeed rather nominal & popular, than real and
scientific; since divisions of very different nature may [by
Grammatical operations] be thrown into one Sentence.]
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Identifier: | JB/079/062/001 "JB/" can not be assigned to a declared number type with value 79.
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[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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