JB/104/148/001

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May 1811 6
Fallacies 1o & 2o
Ch Authority
Analysis
§. 21. Subjects
5(a) continued

3

Thus on the subject of unusual punishments — it is
matter or opinion viz. of opinion a question quid faciendum in the way of approbation
and disapprobation, whether it be at present desirable
(desirable viz for the good of the majority of the community
in question, if that be taken for the ground of approbation
or disapprobation) that in pursuance of a fresh
election a fresh Parliament i.e. a Parliament containing
a fresh House of Commons should have place in every
year.

On the other hand it is a question of fact quid factum, whether
in the sense in question, in a certain reign or in a certain portion of a
certain reign, annual Parliaments actually had in this sense
place.

Notwithstanding the occasion which so frequently occurs
of taking a distinction between a question of fact and
question of law in such sort that that which is a question
of law should to the purpose of the argument be considered
and spoken of as if being a question of law it thereby
followed that it was not a question of fact — yet, to
the purpose here in question, viz that of standing in
contradistinction to a question of opinion in the way of
approbation or disapprobation a question of law may
without impropriety be spoken of and considered as a question
of fact: as for instance whether

In that clause of the a
Statute of Edward the 3d in which it is said Parliaments shall be
held once a year if or oftener if need be, it was the was it or was it
not that the intention of the lawmakers that, of the limitative clause if
need be, application should be made to the degree of frequency
expressed by the words once a year, or only degree of f

expressed by the
word oftener

a question of law
it does not the less evidently belong to the sort of question here termed the question quid factum when brought to view in here in opposition and contradistinction to the question
quid faciendum

Identifier: | JB/104/148/001 "JB/" can not be assigned to a declared number type with value 104.
Date_1	1811-05	Marginal Summary Numbering	5a continued
Box	104	Main Headings	fallacies
Folio number	148	Info in main headings field	fallacies
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	34119
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