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<p><!-- pencil -->10 April 1805<lb/> | |||
<head>Evidence</head></p> | |||
<p>The most effectual security for non-notoriety consists in non-existence.<lb/> | |||
Of Jurisprudential in English Common Law, the <add>distinguishing</add> characteristic<lb/> | |||
property is non-existence. Jurisprudential law may be<lb/> | |||
defined that sort of <add>legal</add> discourse, concerning law, of which the supposed<lb/> | |||
<hi rend="underline">purport</hi> is every where and the <hi rend="underline">tenor</hi> no where. For<lb/> | |||
<add>if</add> If that which is given for law has a tenor, it is no longer jurisprudential but statute law. By an <unclear>abusive</unclear> application<lb/> | |||
of the term law <del><gap/></del> a semblance of existence, a sort of verbal<lb/> | |||
existence is given to an <del><gap/></del> ideal object which in fact has<lb/> | |||
none. Between really existing law and this sham law – between<lb/> | |||
statute law and jurisprudential law there is no more real identity,<lb/> | |||
than between a real man and a man of <gap/>, or the spectrum<lb/> | |||
of a man in a phantasmagoric <gap/> shew.</p> | |||
<p><add>Third</add> device of the technical system. Keeping the rule of action in <add>body of the law in<lb/> | |||
as great a proportion as possible, in</add> the state of <hi rend="underline">jurisprudential</hi> law.</p> | |||
<p>Of the tenor of any article or mass of law knowledge of the<lb/> | |||
existence is of no use, <add>to him</add> any further than as the purport of it<lb/> | |||
is known – that is, what <del>were</del> in the event of a suit instituted or defended<lb/> | |||
on the ground of it, would be deemed <add>pronounced</add> to be the purport of<lb/> | |||
it by the Judge. By employing <add>in the composition</add> for the tenor of the law a sort<lb/> | |||
of stile to which the man of law is accustomed, men <add>suitors</add> at large<lb/> | |||
in the character of suitors unaccustomed, things may be so ordered<lb/> | |||
what while <add>of that of which</add> the man of law <del><gap/></del> comprehends, or may be supposed<lb/> | |||
to comprehend the purport, the <del><gap/> non-lawyer may</del> purport<lb/> | |||
may be <add>rendered</add> so obscure, as that the non-lawyer, <del><gap/></del> <add><del><gap/></del> may not only</add> not comprehend<del>ing</del><lb/> | |||
it, but despair of ever being able to comprehend it, – and thence<lb/> | |||
be driven by necessity to address himself for the interpretation of it, to him who professes to comprehend it.</p> | |||
<p><add>Third</add> device of <add>the</add> technical system: – keeping the rule of action <add>body of the law</add><lb/> | |||
<del>in a state</del> as <hi rend="underline">obscure</hi> a state as possible.</p> | |||
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10 April 1805
Evidence
The most effectual security for non-notoriety consists in non-existence.
Of Jurisprudential in English Common Law, the distinguishing characteristic
property is non-existence. Jurisprudential law may be
defined that sort of legal discourse, concerning law, of which the supposed
purport is every where and the tenor no where. For
if If that which is given for law has a tenor, it is no longer jurisprudential but statute law. By an abusive application
of the term law a semblance of existence, a sort of verbal
existence is given to an ideal object which in fact has
none. Between really existing law and this sham law – between
statute law and jurisprudential law there is no more real identity,
than between a real man and a man of , or the spectrum
of a man in a phantasmagoric shew.
Third device of the technical system. Keeping the rule of action in body of the law in
as great a proportion as possible, in the state of jurisprudential law.
Of the tenor of any article or mass of law knowledge of the
existence is of no use, to him any further than as the purport of it
is known – that is, what were in the event of a suit instituted or defended
on the ground of it, would be deemed pronounced to be the purport of
it by the Judge. By employing in the composition for the tenor of the law a sort
of stile to which the man of law is accustomed, men suitors at large
in the character of suitors unaccustomed, things may be so ordered
what while of that of which the man of law comprehends, or may be supposed
to comprehend the purport, the non-lawyer may purport
may be rendered so obscure, as that the non-lawyer, may not only not comprehending
it, but despair of ever being able to comprehend it, – and thence
be driven by necessity to address himself for the interpretation of it, to him who professes to comprehend it.
Third device of the technical system: – keeping the rule of action body of the law
in a state as obscure a state as possible.
Identifier: | JB/058/331/001"JB/" can not be assigned to a declared number type with value 58. |
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1805-04-10 |
7-8 |
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058 |
evidence |
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331 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d10 / e5 |
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jeremy bentham |
1800 |
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1800 |
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19000 |
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