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25 Jany 1808
Thus it is that if the main body of the law had any
real existence, were existed in the shape of statute law, the
system of pleading would be have a real basis, would all along be grounded on
it and moulded on it, and the framing the of such
a system would be an operation almost little
more than mechanical; the plan of it being pre-indicated
and predetermined: the same of the system
of procedure the remaining part would not indeed
be thus particularly predetermined, but it would
all along have in the substantive portion of the
law and the system of pleading, so far as they went,
a fixt object and standard of reference basis and object of reference.
Into the conception of the leaned and noble and
learned Lord's learned adviser it never enters, at
least for anything that appears on the face of his plan
that the main body of the law, theportion of law by which the
engagements contracted by the sovereign ruling power of the State
are expressed so far as where they are expressed – those engagements
for to the fulfilment of which the system of procedure is professedly
directed ought to have, or can have any real
existence – any determinate form of words for the expression
of it: the system of pleading supposing it framed consists of a set of written
instruments by which expressed as general terms
s far as they go with blanks left to be filled up with
words expressive of whatever is individual in among the circumstances
of each individual suit – instruments by which
the fulfilment of those several engagements is called for
so far as concerns the plaintiff's side by the plaintiff at the hands of a
judge,
Identifier: | JB/091/276/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-01-25 |
20-22 |
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091 |
scotch reform |
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276 |
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001 |
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text sheet |
1 |
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recto |
e10 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29272 |
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