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March 1807
Misdecision now As decision, so may misdecision, have
for its subject either the matter of law or the matter of
fact.
The distinction is of importance: the remedies
in the two cases wearing actually applied, wearing such different aspects, and the propriety
of them turning on such different principles. Of this
afterwards.
Under the imaginary and spurious kind of laws
so often mentioned which there is so often such frequent need to mention
under by the name of jurisprudential law, the distinction
between matter of law and matter of fact is a subject
of the most perplexing intricacy. This will be discussed
in another place.
To obtain a clear idea of it the distinction, recourse must be had
in the first instance to real, to genuine, to statutory law.
Suppose, for supposition's sake Supposing the rule of action to be in the whole of it
in the form of statutory law. In this case the question of
law is in each instance a question concerning the
import of words: a question concerning the import of a determinate
word or collection of words, either immediately following one or other
or to be found in different parts of this all-comprehensive code.
In this same case, the question of fact will in each instance on each occasion
be whether in that instance on the individual occasion in question
any such state of things had place as is designated
y the collection of words so composed: if there be but one word one proposition
of which the import is no that applies to the case in question i.e. the number of
words of which that proposition is configured (a less number of words
than those which suffer to constitute a proposition there can not be)
whether the any such state of things, be such as has taken place took place is indicated by that proposition
taken by itself: if there be several such propositions, then whether
any such state of things took place, as stands expressed by all those
several propositions taken together.
Identifier: | JB/106/096/001 "JB/" can not be assigned to a declared number type with value 106.
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1807-03-10 |
12-16 |
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106 |
scotch reform |
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096 |
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001 |
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text sheet |
1 |
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recto |
c11 / e11 |
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jeremy bentham |
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34684 |
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