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<head>25 May 1811 5<lb/> | |||
Fallacies</head> | |||
<note>2<hi rend="superscript">o</hi> 9<lb/> | |||
Ch. Authority<lb/> | |||
§ <del>Analysis</del><lb/> | |||
§.2. II. Subjects</note> | |||
<p>2</p> | |||
<note>5<add>(a)</add><lb/> | |||
1. Not only question of<lb/> | |||
<hi rend="underline">fact</hi> but d<hi rend="superscript">o</hi> of <hi rend="underline">law</hi><lb/> | |||
a question <foreign>quid<lb/> | |||
factum</foreign><lb/> | |||
2. Ex. gr. Question<lb/> | |||
as to import of Stat.<lb/> | |||
of Ed. 3. Parliaments<lb/> | |||
to be held "once a year<lb/> | |||
"or oftener if need be."</note> | |||
<p><del>On the <add>any</add> occasion of judicial argument</del> <add>In judicial procedure</add> a distinction<lb/> | |||
which on every occasion is liable to <del>arise</del> be brought to<lb/> | |||
view is that <del><gap/></del> between the question of fact and the<lb/> | |||
question of law: — but to the purpose <del>now</del> <add>at present</add> in hand,<lb/> | |||
<add>viz. with a view to the question <hi rend="underline"><foreign>quid faciendum</foreign></hi>,</add><lb/> | |||
under the question <del><gap/></del> <hi rend="underline"><foreign>quid factum</foreign></hi> is included as<lb/> | |||
well the question of <hi rend="underline">law</hi> as the question of fact: the<lb/> | |||
question whether to <del>such or such effect</del> <add>the effect supposed</add> a law or rule of<lb/> | |||
law exists or is to be considered as existing being as<lb/> | |||
much a question of fact — <add>and as such</add> a question distinct from the<lb/> | |||
question <hi rend="underline"><foreign>quid faciendum</foreign></hi> as any other question of<lb/> | |||
fact that can be named.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
25 May 1811 5
Fallacies
2o 9
Ch. Authority
§ Analysis
§.2. II. Subjects
2
5(a)
1. Not only question of
fact but do of law
a question quid
factum
2. Ex. gr. Question
as to import of Stat.
of Ed. 3. Parliaments
to be held "once a year
"or oftener if need be."
On the any occasion of judicial argument In judicial procedure a distinction
which on every occasion is liable to arise be brought to
view is that between the question of fact and the
question of law: — but to the purpose now at present in hand,
viz. with a view to the question quid faciendum,
under the question quid factum is included as
well the question of law as the question of fact: the
question whether to such or such effect the effect supposed a law or rule of
law exists or is to be considered as existing being as
much a question of fact — and as such a question distinct from the
question quid faciendum as any other question of
fact that can be named.
Identifier: | JB/104/147/001"JB/" can not be assigned to a declared number type with value 104. |
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1811-05-25 |
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104 |
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147 |
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recto |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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34118 |
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