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Loix. Forme. Promulgation des Raisons. 31 Octr 1801 -
To Dumont
I have not had
time to put the
old sheets in
themselves (Column
Paper and Composition
paper) in
any order. But
in this sheet
you see an
indication of
the principal
contents, with
some extemporaneous
additions
---page break---
I. Advantages
from the Promulgations
of the Reasons
of the Laws.
1. Obliging the Legislator
to have
formed a distinct
and connected view
of the Laws contained
in the body
of Laws in question
and of the Reasons
which produced
the determination
on his part, to
establish them
respectively: thence
contributing to
make the Laws
themselves more
perfect than they
would have been
otherwise.
2. Preventing him,
by the fear of
shame, from inserting
any laws law
for which he has
not been able to
produce a reason
that will bear
the test of examination.
Reasons to the
Laws are a
Bridle to caprice
& arbitrary
power.
---page break---
Raisons des
Raisons.
3. Making the
Laws themselves
more easy to the
learner: making
it more easy
to apprehend the
sense & drift of
them. —
4. Making the
laws more easy
to remember,
when once
apprehended and
learnt. Reasons
are instead of
a Memoria
Technica: they
serve as a sort
of cement to
fasten them to
the memory. —
5. Making the
laws in some
measure divinable
and capable
of being anticipated
by the judgment
and invention,
even before they
are presented to
the conception, of
the reader. This,
in virtue of the
analogy or connection
between
reason & reason,
or in virtue of
their dependence
on the common
principle. —
---page break---
Raisons pour
les Raisons
6. Making the
Laws the more
pleasant to read;
and thence the
more easy to
apprehend —
Dryness in Science
is the absence of
perceptible reason
and utility.
7. Preventing
advocates from
being able to
prevail upon
the Judge to
put wrong
interpretations
upon the Laws.
Protecting them
against Misinterpretation.
---page break---
Autra, Legis
Legum +-
Heic Rationes
Rationum
Bacon de Augm.
Scientiarum.
8. Bringing debates
(previous or subsequent
to enactment)
to a
point on the
expediency of
the laws, to a
point — to a
narrow compass.
9. Thence preventing
heats & quarrels
on the occasion
of such debate: —
incidents which
are the natural
result of a want
of clear and
determinate reasons.
—
10. Serving as a
bond of connection,
and source of
mutual illustration,
for different
branches of the
law; the relation
between which
might otherwise
lie unobserved.
Thence serving
as a source
of improvement
to all. —
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Identifier: | JB/100/035/002 "JB/" can not be assigned to a declared number type with value 100.
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1801-10-31 |
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100 |
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035 |
loix forme promulgation des raisons |
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002 |
advantages / reasons |
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copy/fair copy sheet |
3 |
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recto |
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in english and french; has note in richard smith's hand thus: "promulgation of laws / reasons thereof / principally employed by dumont / rs" |
32051 |
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