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24 Jany 1808
case. Not in any part of that limited portion of the language
which in so many determinate passages or groups of words is employed in the body of real law, but without
any limitation, in the whole body of the language.
It is only by words, and those determinable words
that for ge the general and terminable use of a community, well can
be expressed, meaning be conveyed, arbitrary will excluded,
uncertainty avoided. But of every Judge as
of every man it is the natural wish to be as arbitrary,
that is to be as free to have preserve as much liberty,
to possess as much power, as possible: of every lawyer
whose prosperity depends upon the uncertainty of the law,
that is of every fee-fed lawyer, it is as certainly the
wish to see the law as uncertain as possible. By necessary consequence Consequently
to every Judge fee-fed lawyer and to every Judge, fee-fed
or not fee-fed, whatsoever portion of the rule of action
is in the shape state of real law, is as such an object of
aversion abhorrence: whatsoever portion remains in the form of sham
law is as such an object of attachment, and a subject of
praise.
But sorry as Judge the man of law would be to see the whole
field of law legislation cloathed in every part with a covering
of real law, he can not it is impossible for him to speak of the rule of action
on any points without supposing such covering to exist
What he knows is that to the part in question the will
of the only legitimate author of law has never applied
itself: what is as constantly whether expressly or by
assumption asserted, is that he has: that his will has been
formed, has been notified, and that such and such are the words
by which it has been and is notified.
Identifier: | JB/091/294/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-01-24 |
9-10 |
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091 |
scotch reform |
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294 |
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001 |
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text sheet |
1 |
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recto |
d28 / e5 |
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jeremy bentham |
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29290 |
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