★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
7 Jany 1806
Of The collection of these dicta that part of the chaos which
is in the form of Common law that is of what in one of the
5 or 6 senses in which given to the term Common Law, is employed, is
composed whatever in a word is not in the form of Statute Law: at least these are the best and surest and most trustworthy
of the materials of which it can be composed: such as come
nearest to the nature of the materials of real law: the very
words of the legislator, authenticated by his signature, or by the
publickly applied touch of his sceptre.
Blackstone may dream prate and dream or make as if
he dreamt about , and West-Saxon-lague, and other
: but the fact, he may tell us, as he has continues told us
with uncontradicted effrontery he continues to tell us that
the Common Law that formed is the work of the people.
But the customary impression put aside, the plain fact,
standing before stampt in the retina of every that eye that is not closed against it
is that the Common Law – every article of it that serve can
either serve a Judge for framing his will, or – I will not say
a suitor who had better not guess, but his lawyer, for guessing at it, is the work
of the Judges, and of no one else, law made on each occasion by the Judges Judge,
on pretence of declaring it made according to pattern
indeed, if rightly made, but at any rate made, in pretence
of declaring it.
Identifier: | JB/091/157/001 "JB/" can not be assigned to a declared number type with value 91.
|
|||
---|---|---|---|
1807-01-07 |
|||
091 |
scotch reform |
||
157 |
|||
001 |
|||
text sheet |
1 |
||
recto |
c4 |
||
jeremy bentham |
|||
29153 |
|||