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COMPOSITION. Analysis of the Book.
Defects opposite to Brevity: in entirety
Laws redundantly consider'd absolutely
Distinction between a Statute & a Law — Law — abstract. Statute — concrete. Of Laws inoperative Statutes obsolete through the deposition
of their subject matter. extinction of the mischief.
Statutes are such as we find them — Laws are such as we may conceive them. Of Laws Statutes inoperative through impotence
3 Causes of impotence — 1st Repugnance
to popular sentiment. 2d. Inadequacy
Infirmity of the Sanction: Infirmity in the apparatus
of procedure. + + Ex-grt Defect of Testimony — as when the proof of the affirmative is not on the Deft. 2. Want of him who should execute in the last instance v. on
Of Laws Statutes obsolete [prohibitive] 1st By the cessation extinction of the
obnoxious practise itself. 2d By the extinction
of it's malignant quality.
Of Laws obsolete [regulative] by the extinction
of the subject matter.
consider'd in plurality comparison II Of Statutes redundant with in relation to one
another — compared whole to whole
Of Statutes redundant though repugnance
Antinomiae.
Of Statutes redundant through concurrence coincidence
identity or parallelism. Homoionomiae +
+ Homoionomiae 1st of Coincidence or equality. 2d of Inclusion as a of £ includes one of 26£ 18. . 6. 11.
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Of Redundance in Statutes there by amendment
instead of Substitution.
Of Statutes redundant in relation to one
to another — part to part. viz: integrant their constituent
parts as Statutes which belong to them particularly specially as Statutes — generally as discourses.
Of Statutes Laws redundant in respect to of their
general integrant material constituent of the Laws they include
parts. viz: directory. &
Sanctional.
III Of Statutes considerd singly
Of Statutes redundant Redundancies in respect of in the their
formal external integrant constituent cortical parts.
Of the Title + + The prolixity & perplexity of the Title of a Statute which purports to characterize the contents, is a necessary consequence of the multiplicity & perplexity of the contents themselves: tis to the consideration of the contents therefore that we must refer for the of these defects complaints of this number for in a title & the means <add> of care — have however we may a in this place with observing while to observe if we would the appearance of the diseases. — Preamble — Body
Incongruity of the Title to the Contents
Of Statute consider'd generally as a
Discourse.
General Idea of a the Legislative Style.
Of verbal redundancies in the members of Sentences
Redundancies Logical by Coincidence — Inclusion
Ultericity.
Redundancies Grammatical
Catalogue of Redundant clauses — or whole
sentences
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Of the defects opposite to Perspicuity
1 Multiplicity of Statutes relative to the same .
Hodge-Podge Acts + + Multiplicity of Heads included in the same Act.
Of the perplexity of Statutes by
intertexture.
Of whole Statutes one with another
Of Intertexture Interlacement by Reference
Of the Heads of Statutes with another
Length of Periods single Sentences
Retrotransition or Interruption or Epenthesis or Hyperbation
Long-winded Periods + + v. 2 G. 3. C 15. 22. an example where this is is judiciously avoided
Mechanical helps and impediments
to perspicuity.
Of the defects of a Statute Law opposite to
Precision.
Retroflexion of the body into the Preamble.
Expression unsteady by inserting and omitting
Expression unsteady — by inserting variously
Expression inadequate.
Of Amplitude of a Statute Capitulary. Catalogue of
Polychrests. A [Statute] Code rather may be said to be more or less ample as the train of Adjective provisions subjoined to the Substantive ones is more or less compleat.
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Of the whole System consider'd together.
1. It's Voluminousness altogether
2. Number of the Acts. Multiplicity its parts, viz. the Acts
Incongruity of the Contents to the title: Local first England Holland
1 Where the contents of one natural
or Title are dispersed through a number
of Statutes —
2 Where the contents of many heterogeneous
natural titles are cast into one Statute.
Hodge-Podge Acts.
Consolidation is the curing of both those defects
Ideal Distribution of the body of the Laws into
masses fit to be comprized occupy each a distinct Instrument.
Whatever may be the purpose of a Law,
and without knowing so much as a Law
is, this much however one thing concerning it may without difficulty
be conceived: that it may be of such a
nature as either to concern all persons
within the extent of it's paradictions authority indiscriminately: first division. of Lawsuits general & particular
or only persons of such or such
a in particulars Hence we have our
COMPOSITION. Contents of the Book.
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