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14 August 1810
Plan of Code
1. . A law can not be known by no words of which
2. if composed of law which has no determinate words belonging
fitness is effectually uncognoscible but in every part of it is the sort
of pretended law called Common law.
Hints respecting a plan for a body of laws. for the State of Venezuela.
§. 1. Goodness of the laws: – how to secure it.
1. Considering that the best laws can be not be of any use
any further than as they are known, and that a law in
so far as it is unknown fails of being known, a law is not a security but a snare,
to the real a fit legislator, the notoriety and thence the cognoscibility of the In the fashion given to the body of the body laws will, in
the whole and every part of it, be no less an object of attention
than its goodness.⊞ ⊞ cis lagnius,
says Lord Bacon, is a
prophecy applicable to every
the enactor of uncognoscible
laws.
2. Goodness, by what means may this quality be most
effectually secured by him to his laws? the goodness of his laws – a security
2. As a security for the goodness he will the goodness of his laws – a security
the most effectual sort of any that the nature of things allows of, he
will lay open to view, throughout the whole texture of it, the consideration
by which, in the character of reasons, have reasons the several
provisions of it, are, in each distinguishable point belonging
to them, recommended to his choice.
3. In those reasons he will behold Those reasons compose a touchstone by which
the goodness of the laws to which they are respectively
annexed may, by every man be tried. A good
law is a law for which good reasons can be found given.
4. In so far as the law is good, and the reasons
themselves good, in the body of reasons serve as an anchor he will moreover behold
an appendage, serving of itself as an anchor to the body of the laws: an anchor by which it may
happen to such portions as are good to be fixt to the end of it as are fit to be kept it may happen
to be kept fixt held fast to the end of time. of time. They are constitute moreover the only anchor sort of fastening that
can without the most and absurd presumption on the part
of the legislator, and the most unbounded danger to the community,
can ever be attempted can in any such character
ever be ever attempted to be employed.
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Identifier: | JB/118/447/002 "JB/" can not be assigned to a declared number type with value 118.
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1812-09-13 |
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118 |
panopticon |
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447 |
to ld sidmouth |
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002 |
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correspondence |
1 |
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recto |
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jeremy bentham |
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draft; not included in letter 2190, vol. 8 |
39501 |
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