JB/058/200/001

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8 June 1805
Evidence

If such be the case with in regard to the whole field of legislation and judicature
taken together, substantive law and adjective, much more remarkably
will it be the case in regard to adjective law, the branch here in question,
in particular. For from the very first in the case of substantive
branch, much legislation in comparison of what was necessary in
the other branch, was necessary: while even at present the qua
in the adjective branch, the quantity of legislation for which there is
any real demand, will is very small – so we it will be seen as we
advance.

Even now the principal occupation business which affords occupies
the greatest part of the time and attention of the Judge, consists in the
protecting the rights of personal security, and acknowledged rights of property
from against invasion: in the earlier stages of society, the ratio of this part of
the business to the rest was still greater. The punishment, in
so far as the demand for punishment appeared to present itself, would be ad
previously to legislative fixation, be settled by him on each occasion at
the suggestion of his own motives under the guidance of his own fancy.
The In the collection of the evidence, the pronouncing of the decision, and
the making provision for the execution of it, he would for a long time descry see no more
demand for express and general regulation than in the character of
child or parent, suitor or Judge, he had been wont to experience
in that tribunal which nature has erected in the bosom of every family
has been erected by the hand of nature.

Thus it is that in the early stages of political society, the
business of framing the system of procedure would fall of itself into
the hands of the Judge: and thus it is that in the conducting of it,
it would not for a long time, if ever, occurr have occurred to him as necessary, even
had if love of power and love of case had remained neuter to seek to tie up his
own hands or those of his successors, by any settled rules regulations: in other words by such as those
which when framed by the legislator, constitute many articles of what in
that case is termed statutory law universally known by the name of statute or statutory law.

Identifier: | JB/058/200/001"JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-08	Marginal Summary Numbering	2-3
Box	058	Main Headings	evidence
Folio number	200	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18869
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