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7 Jany 1807
Those are the materials the very best materials of
which it is possible for jurisprudential law to be composed:
Those are the materials of which the Common Law of in
England that species of law, sham and spurious as it is,
is actually composed. Were they better than they are, dear
enough we in England pay for it. Paying still dearer so much dearer
for it even than we, the our brethren in Scotland, have not
they too a right just claim to have it of the those best materials?
If they have, my Lord, it is one of those rights so numerous in both countries, for which
care is has been taken that time shall be no remedy.
Let us Say Suppose Supposing that in England what has sometimes
been aimed at had succeeded – viz. that those least fond
of the bad materials of jurisprudential law had been kept
in darkness with as effectually as the rule of action was
among the original primæval Judges of antient Rome: the dicta of
Judges forbidden to be divulged: – be not to hasty, my
Lord: reject not the supposition as extravagant: what is
actual is possible.
The next best materials I should say least bad materials,
materials at any rate very bad in comparison of these those –
would be the arguments of professional lawyers Advocates: lawyers
each of them, speaking pouring out without regard to truth whatsoever as to
his conception bid fairest for answering his purpose: a
heap of verbiage, the substance of if capable of being condensed compressed into perhaps half a
dozen or a dozen propositions – general propositions such as each of which
coming from the mouth of a Judge, would be capable of passing
for a dictum, and being made productive of the same effect.
Identifier: | JB/091/158/001 "JB/" can not be assigned to a declared number type with value 91.
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jeremy bentham |
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