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1823. June 18th.
Constitut. Code Preliminary Explanations.
Topics. 18th June 1823.
Idus üsdem, verba eadem – thence that language most
apt which affords the richest set of conjugates.
Latin does this. Greek, Latin and Teutonic the radical
languages of the most civilized nations. Latin most apt
for politics and morals: Greek, for physics. English, the
most apt Latin-sprung language, as being the most simple
and in its texture and most as possessing in
the highest degree the aggregate of those appropriate qualities – simplicity of texture, ductility and augmentalility.
Each branch of law will have it's appropriate mass of
language: Constitutional, as being the first in order, which must
be the first to employ what belongs to happiness.
Under Constitutional object or End, put what belongs
to happiness: it's relation to felicity, pains, pleasures, interests,
desires, motives. Reference to S.B.'s "Springs".
A good Code ought to be it's own Institute: it ought to supersede
all demands for every other.
Masses belonging to Constitutional Code are – 1. Happiness.
2. Location. 3. Aptitude. Ends general and specific. Law
administers pain directly: not pleasure: it puts the instruments,
or leaves them, in men's way.
II. To Penal, Misdeeds – Punishment – Compensation –
Circumstances – Aggravation – Extenuation – Exemption.
III. To Civil, Rights.
(But these must have been brought to view under Penal,
Contracts – Conveyances.
IV. To Procedure – Evidence – Extraction of Instruments Main object of Evidence Procedure, of
Forthcomingness or person and things for justiciability and or testification.
Imperfection of language in general in relation to this
part of the field. Terms neutral – eulogistic, dyslogistic. Ambiguity
same name for operation and result. Illusory collocation.
Connected and consistent with a Code of Law ought
to be a do. of Morals. Law acts by creation of factitious motives.
Morality, by indication of naturally-existing ones.
Of what is done towards fixing the import, or augmenting
the stock of the appropriate part of the language which must
be the place? Answer. Either these Preliminary Explanations,
or the Expositive part of the Code, or both: the Expository part
of the Code fixing the import of the leading terms and phrases
as they occurr: the Preliminary Explanations laying down
the rules.
Identifier: | JB/549/171/001 "JB/" can not be assigned to a declared number type with value 549.
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Constitut. Code. Preliminary Explanations |
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John Flowerdew Colls |
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