JB/549/270/001

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1828 Aug. 9
Blackstone

Ch.
Of the Judiciary Establishment and Procedure the system of
Judicial Procedure, say for shortness, Procedure.

By Judicial Procedure alias Adjective law is
meant the course of action carrie ordained for giving
execution and effect to the rest of the law, called on
this occasion for distinction sake the substantive law,
substantive branch, the main branch: adjective branch, the subsidiary
branch. Note, that, with how little so ever effect, the
The person by whom or under whom superintendence
matter of the substantive branch may not have place
without any part of the matter of the Adjective branch.
Without that support It may operate in the character of a system of moral
lessons. The Without the Substantive branch, the
Adjective can not have place: scarcely can any
conception of it be formed. It supposes the existence
of a corresponding substantive branch: just as grammar
the part of speech called an adjective supposes the existence
of and bears reference to some indeterminate
substantive. In By this analogy it was that
the terms substantive and adjective as applied to law
were suggested.

The persons by whom, or under whose superintendence
the business of Procedure is carried on are the
sort of functionaries called Judges. Hence, antecedently
to the delineation and explanation of the system of procedure, the necessity
of bringing to view that establishment – the Judiciary Establishment
as it called in which they are the presiding
functionaries, and which has received its denomination
from their name. This establishment the business is that of one corresponds to one
of the four departments of in the business of which the whole
business of government is composed comprehended: to wit the Constitutive,
the Legislative, the Administrative and the Judicial: the Administrative
and the Judicial constituting together the Executive.
But the business of
Procedure is capable
of being understood
without any reference
made to the composition or constitution
of the Constitutive, the
Legislative, or the Administrative, which
is what it can not
be without continual
reference made to that of the
Judicial. Thence it is
that what belongs to the judicial Judiciary Department and Establishment requires in the first place to be delineated sketched out and explained.

Identifier: | JB/549/270/001 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1828-08-09	Marginal Summary Numbering
Box	549	Main Headings
Folio number	270	Info in main headings field	Blackstone
Image	001	Titles
Category	Text sheet	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Richard Doane; Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number
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