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8 March 1807
The The rule of action being in the state of statutory law, the
question of law is therefore uniformly a question concerning
the import of a certain word or assemblage of words.
But whose of whom then are these words? Of who, but of the
legislator? if, among those whose duty and business it
is to assign an import to any such assemblage of words,
there be a doubt which of his imports is the true one, what Oracle to
whom should recourse recurrance be made, but to the legislator?
If it be a law of his own making, is there any other person
as well able to understand so competent to declare what his meaning
was or is, as he? If it be among the laws received by
him in the way of adoption from his predecessors, if he
having understood not better than any one else, what was on the occasion
in question was their will – what he can not
but understand is a matter still more directly material
viz: what at the time in question is his own will: that will which in truth
at each given moment of time is the only immediate
rule of action and standard of rectitude.
☞ Go on to explain what constitutes the matter of law under jurisprudential law, in analogy to the above.
Identifier: | JB/106/109/001 "JB/" can not be assigned to a declared number type with value 106.
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jeremy bentham |
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bernardino rivadavia |
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