JB/091/281/001

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26 Jany 1808

Note here the difference between statute law and
jurisprudential law. Under statute law both the question of
law is a question of words. But under Statute law,
the rule of action and standard of reference is in the form of law a really existing law, and the words
which are constitute the subject of the question are words
really belonging to that mass body of law: under jurisprudential
law, there is no really existing law in the case:
be they what they may the words which are the subject of any such question
are not of any portion mass of really existing law.
On this occasion what is it that is done? A portion of
law which does not exist is feigned to exist: not having
any existence and consequently not having any words belonging
to it, they who feign it to exist speak of it as existing, are being under the
necessity of finding words for it, find what words for it
they please.

Under Statute law the words capable of being spoken
of as being words of the law, capable of forming the subject
matter of a question of law, are numerically limited, because individually
determinate, Under jurisprudential law and those words
only, those propositions only, which are to be found in a determinate number
of volumes, in and by which the body of the law stands expressed.

Under jurisprudential law, there is no limit to the
number of the words, out of whic capable of being expre
brought forward to view in the character of words of law, words of
which a question of law may be composed. The whole language
is open to them: not to speak of words borrowed from another
and a dead language: every word they are pleased to pass into
the service becomes a word of law, a word servi constituting
or contributing to constitute the subject of a question of law in their hands.

Identifier: | JB/091/281/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-01-26	Marginal Summary Numbering	3-4
Box	091	Main Headings	scotch reform
Folio number	281	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e15
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29277
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