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25 May 1811 5
Fallacies
2o 9
Ch. Authority
§ Analysis
§.2. II. Subjects
2
5(a)
1. Not only question of
fact but do of law
a question quid
factum
2. Ex. gr. Question
as to import of Stat.
of Ed. 3. Parliaments
to be held "once a year
"or oftener if need be."
On the any occasion of judicial argument In judicial procedure a distinction
which on every occasion is liable to arise be brought to
view is that between the question of fact and the
question of law: — but to the purpose now at present in hand,
viz. with a view to the question quid faciendum,
under the question quid factum is included as
well the question of law as the question of fact: the
question whether to such or such effect the effect supposed a law or rule of
law exists or is to be considered as existing being as
much a question of fact — and as such a question distinct from the
question quid faciendum as any other question of
fact that can be named.
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