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17 July 1810 17
10 Fallacies Ch.
4
§.2. Lawyers where trustworthy
but will first truth of trustwothiness
out of would rather have recourse
of the sovereign is sovereign himself.
Within the demesne of the same phantasmagoric species
of law When as above the question is, what is law, there is another reason
there is why authority should have reference must
if to any thing be made to authority, and that is
that were it not for authority there would be no ground
at all to go upon; reason from first to last never having been consulted
on the subject, nor on any other that has any
practically applicable relation to it.
7
2. In many cases,
but for authority
there would be no
ground for judgment,
reason never having
been consulted
On this particular question one authority there is should seem to be which
has some claim to be considered as better rather more safe safer to trust to than that of
the gentleman of the long robe sitting at his chambers, or even that of the astrologer:
and that is that of the legislator. But [+] in both so as
[+] except for a few
odd jobs of a temporary
nature such as raising
money and coin to
keep out Bonaparte
Houses of Parliament, as well as in every Court in Westminster Hall, and every
as well of
universal and so derided is the opinion this sort of of his unfitness
for making law, that should any one man be
mad enough to propose any such encroachment upon
the property of the twelve Judges, he as well might he
have proposed or endeavoured to let a mad dog into the either
House.
8
For determining what
shall be considered
as law, legislative
authority seems
more competent
than lawyers or
astrologers. Yet
propose to refer it to
the legislator,
considered as an
on the authority
of the Judges
and regarded
proposed to let a
mad dog into the House.
Not an Attorneys Clerk [is there] in the first Zenith
of his Clerkship is there to be found to whose authority
namely more of that at least out of every hundred
of that mass of harmony and virtue personified would [+],
[+] (if I may
any trust be put to
the whole of the
assurances I have
received from those
respectable quarters)
not rather have recourse see reference made as to the standard of in the character of the rule of action
obedience rath would not rather in answer to the question
what is the determination will, the decision of sovereign power than to what
in a word ought the will of is it right fit and right thus the sovereign should be deemed
to be [+]
[+] conduct being moreover thereupon
shaped accordingly
than to any expression given of that will by the sovereign
himself in his own words, in and by the pieces of paper or parchment
his own words and as such touched with his own sceptre.
9
For the rule of action
lawyers would rather
take the
Attorney Clerks, than
the will of the Legislator
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