JB/104/385/001

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1 July 1811 7
Fallacies

V. ad superstitionem
Ch. 1. R
Ex

7

15
[ whether to s
immediately after 14
or to come in an Exposure?

Mischievousness of the
notice in tendency and
probably in design.
Gives Protection et
c. to the purpose of
preventing ad libitum
abrogation or alteration,
it gives to Judges an
arbitrary power over
the legislator: viz.
1. over any particular
Statute
2. by means of the
principle, over Statutes
in general

Of the oment thus broached, let it not be imagined,
that either in tendency or in design, it was an innoxious other than a mischievous
one. For its design it had [by every eye that by which
a portion of the works of man of law represented drawn in that point
of view can be endured it may be seen to have had]
it had that which is never absent from the mind
of the English lawyer, nor in particular of all such lawyers ever was from
that of Lord Chief Justice Coke, that of giving extent
and stability to arbitrary power in the hands of lawyers.
Admitt In the principle though it be in but this one application
of it, you invest them with this power. Reason
being equally out of the question in all cases, with
them rests the choice of the laws on which this attribute
shall be conferred. Thus in each instance they
set up their own authority in opposition to and at a
height superior to that of the legislature for the time
being: and whosoever it be by whom in relation to
any particular this or that law this doctrine of theirs is acceded to,
by that same in so far as in him lies on him depends two things
are in their favour done — in the first place in the
individual instance in question the advantage of
negativing or repealing any particular law which is
not to their taste, in the next place in virtue of the
general principle, an a permanent authority superior
to that of the legislators, an authority by the exercise of
which it depends on them to consign at their choice to the same fate
any a as many other acts of authority as by any
future legislature would be exercised in opposition to any then
subsisting laws.

Identifier: | JB/104/385/001 "JB/" can not be assigned to a declared number type with value 104.
Date_1	1811-07-01	Marginal Summary Numbering	15
Box	104	Main Headings	fallacies
Folio number	385	Info in main headings field	fallacies
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c7 / e7
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	peregrine bingham	Paper Produced in Year
Notes public		ID Number	34356
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