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Prelude. X
I shall not look upon
The rules which inserted introduced here in the order in
which they arise out of the subject-matter, will
not thereby be looked upon as having been entirely superceded,
if they sho one day they should be exhibited amongst
others in that systematical and didactic order
which they require among themselves.
Of the Grammatical inaccuracies many some are
peccadillos of the most venial kind: & which
generating neither doubt nor difficulty, would
not deserve notice, were there any reason
why the compositions of the supreme power
should not be fitted to be the standard of good
as well as the measure of obedience.
By Articles ....... of the 1st Section
are fixed so many points articles of what may be
termed Legal Topography — or terms expressive
of so many different loci of Jurisdiction
These terms each with its respective train of analogous we are speaking of together with
ones sometimes redundant & sometimes their analogous specifications
variously garbled
defective overrun may the whole Statute Law
& adhere to the parts of it as stuff it up with specifications
are of such a nature as to overrun as any one may have observed
& clog up every corner of the Statute
It is not by every one of these, that any
thing advantage is gained as to what concerns this instrument
consider'd by itself - - - - -
in point of absolute abbreviation.
because since there are some which do not
come in the way to be of being repeated.
Oft even here they answer 2 purposes
1st that of precision, by fixing the import
by a formal & studied declaration
Breve x exbrevibus 2d that of a kind of relative abbreviation,
by discharging the several articles of the body
of the instrument to which they relate
of so many incumbering details
Intent x Words.
Those who know how far the Science still is
from being provided with any certain & decisive general <add>universal & settled</add>
rules for determining in what cases the intent
of a Statute shall prevail over the words expression, when a strife arises between the intent of a Statute & the words, fomented how it is by the artful champions in both sides, how difficult it is to be laid. & in what the
words expression shall be too strong for the intent, will
not think that any endeavours pains that may betoken to keep those
two rivals to a good argument can be
misemploy'd.
Examples noticed may serve for instruction
till they be turned into precepts.
We know whose saying it is, "that the Children
of this world are wiser in their generation
than the Children of light: the meaning
of which apologue may be, that low meaning
when concenter'd upon a point & stimulated
into activity by an [acknowledged present] Interest
that is felt, will often more than counterbalance
[the power force <add>effect</add> of a general superiority
of intelligence.
Apolog.
I could produce an a Legion of examples
were it necessary, could I produce to prove that of all the
beauties of this kind which I may have
occasion to point out, they are few of which with respect to which
the composer of this Act can lay a claim has the merit of
[the] invention.
Nullum in Curvis remedium
With then most meritorious institutions Tis not in the power of the Courts of Law
to cure the calamity of litigation: the
utmost they can do is to stop it from
going further.
Content to have already added something, referring
to a distant and perhaps imaginary time
the hopes of producing something [to which
nothing can be added] to which the Author shall sees nothing that can to be added. that that in the eyes of the Author shall carry the
appearance of being such itself to which nothing can
be added.
Regulae ex exemplis non Exempla ex regulis.
The rules will arise out of the examples,
& consequently assume their order, rather
than the examples be grafted on, I assume
the order of their rules.
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Identifier: | JB/095/011/001 "JB/" can not be assigned to a declared number type with value 95.
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011 |
prelude x |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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30897 |
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