★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
9 March 1807
There it is that every question of law is a question
concerning the import of some word used almost always of a general nature, consigned to wording,
and conceived considered as forming part and parcel of the law.
In the case where the rule of action is in the state of
statutory law, this conception is true the assumption agrees with the truth of things: and every mind
of like natural strength and alike used to reflection is alike
competent to judge of it.
In the case For otherwise is it in the case where the
rule of action is in the state of jurisprudential law. Jurisprudential
law is throughout the whole shapeless mass of it an
imposture. No legislator: not a word in it that is the word
of any man who is so much as pretended to have written
in the character of a legislator – Yet words alas! these are
in it, and but too many. Where are these words? the
words attributed by some this or that Reporter to I this or that Judge,
are as having been employed by him on the occasion of
pronouncing of a his concurring in the decision on this or that individual case:
or the words of some Compiler, as employed by him in
your the endeavour to give a general idea of the grounds
considerations serving that may have served as grounds of decison for the decisions
pronounced in the class of cases which he undertakes to treat of.
Thus for example in For example take again the case of the word form. In the Look
for it in the most determinate source of information, the accustomed
forms of pleadings, you find it means nothing at all;
as in the case of adultery, a transgression by consent, never
committed, if the manufacturers of mendacity manufacturers
are to be believed, without "form" and "arms" into the bargain:
Identifier: | JB/106/113/001 "JB/" can not be assigned to a declared number type with value 106.
|
|||
---|---|---|---|
1807-03-09 |
7-10 |
||
106 |
scotch reform |
||
113 |
|||
001 |
|||
text sheet |
1 |
||
recto |
c9 / e4 |
||
jeremy bentham |
iping 1804 |
||
bernardino rivadavia |
|||
1804 |
|||
34701 |
|||