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25 Jany 1808
But those instruments have not any of them been
framed by the hand of any person exercising in this behalf the authority of a legislator, under the name
of a legislator, nor under the name of a Judge. Those
instruments are real cloaked expressed in some instances in a determinate
assemblage of words bu the matter
they contained in them not being expressive of the will of
any person possessing or exercising authority avowedly legislative authority, is
not law: the law the existence of which they tacitly suppose
assume and feign, that wordless and imaginary discourse
which if it had words belonging to it and those given to it
by the legislator would be real law, having such has no such words
so found by the any legislator, and consequently is no such
law.
By This main body or The substantive portion of the law contracts engagements
in favour of the persons on whom it conferrs
rights, by the system of pleading, so far as concerns the
plaintiff's side of the suit calls for the fulfilment of those engagements,
the mode system of procedure so far as it traces and concerns the
steps operations to be performed on the same side by the party
and in his favour by the Judge, provides for the prescribes the condition natural
fulfilment of mode in which and the conditions on which those engagements shall accordingly be fulfilled.
On the plaintiff's side the system of pleading calls for
the fulfilment of those certain engagements as being contracted
in his favour by the law, how can it do otherwise
than alledge the purport of them: if, they having been actually contracted, the alledged engagements have words,
how can they be better more aptly described, how otherwise can they be
well described, than by the words?
Identifier: | JB/091/275/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-01-25 |
18-19 |
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091 |
scotch reform |
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275 |
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001 |
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1 |
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recto |
e9 |
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jeremy bentham |
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29271 |
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