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11 Feby 1808
On every occasion on which a declaration conceived is exhibited
an instrument which as to which, to the extent of the matter of a general nature
contained in it (blanks being left for matters of an individual
nature) is conceived in a determinate form of
words, is exhibited, the existence of a correspondent
article of substantive law– "(of viz. the article the execution
of which is thus called for) is by necessary implication
asserted. But the existence and import of
the articles of substantive law thus implied can not be
asserted, but that same sort of description must, by
that the very act of assertion by the words employed
in conveying it, be conveyed.
But the terms of this declaration the words are
to a certain extent determinate: and it is by this
imperfect degree of determinateness on the part of the
portion of the adjective branch of the law, that a sort of
inferior degree of determinateness is given to the corresponding
part of the substantive. It is
It is from the power of this part of the adjective branch that the
purport of the correspondent part of the substantive branch
is deduced in the way of inference deduced.
That the in and by the instrument of declaration the plaintiff has
called for the execution of a corresponding portion article of secti the
substantive branch of the law, and that this demand of his
case has been stands expressed by as to the greater part of it
by a determinate assemblage of words, so far as no fiction:
but that there exists any such article of law as he thus calls for the
execution of, this is
a fiction: no such
article of law, expressed
by a determinate set
of words, those words
employed in that behalf
by a person or persons
recognized by name are invested with legislative authority on their behalf
has or has ever had any existence.
Identifier: | JB/091/258/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-11 |
9 continued, 10 |
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091 |
scotch reform |
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258 |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
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29254 |
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