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<head>1828 <sic>Nov.</sic> 18<lb/>Law and Blackstone</head> <p><unclear>all</unclear> 18<lb/>(4</p> <p>(2)<lb/>A <gap/> for it Students sake Mr Black is not here <del><gap/></del> is <gap/><lb/>will be Moral Chaos <gap/> It can not be better <gap/>. He needs little is<lb?>any <gap/> from use that we can give that is an <gap/> in <gap/></p> <p><note>7<lb/>Immediate subordinate<lb/>ends of Government<lb/>four subsistence<lb/>Abundance, Security<lb/>and Equality</note></p> <p>Astraia in continuity. Tell me more of Law as<lb/>it ought to be what are the commendably subordinate ends<lb/>II. <del>Secondary, no protection</del> <add><gap/> part considered</add> specific <del>and <gap/> <gap/></del> <hi rend="underline">ends of government</hi><lb/>Felicia. Madam they are capable of standing expressed <add>being indicated</add> in<lb/>these four words. <del><gap/></del> Subsistence, Abundance, — Security<lb/>Equality</p> <p>☞ Proceed with the explanation of these from the "Lady Principles"<lb/>in print.</p> <!-- line in pencil across the page --> <p>(1)<lb/>Dolosa. As to the distinction between what ought to be<lb/>and what in England the law is, it is no better than a<lb/>fanciful one: mere theory nothing better, neither <gap/><lb/>nor Puttendorf know of any such distinction <del>Why</del> <add>Take</add> any<lb/>arrangement which ought to be established: a necessary and<lb?>more failing consequence is — that unless that law which is<lb/>the perfection of reason it is established and <add>as such</add> ought to be deemed<lb/>and taken to be. So, again, <add>conversely</add> if <del>by <gap/> <gap/></del> <add>on</add> it is established<Lb/>it follows by purity of reason that it is exactly that which<lb/>ought to be established. As the <del.<gap/></del> potter and the statuary<lb/>mould their clay, learned Judges mould the<lb/>law: which law is accordingly on every occasion at<lb/>one what <del><gap/> <gap/> it is and what it ought to be. Lord<lb/>Mansfield <del><gap/> <gap/></del> on occasion <add>speaking from the Bench</add> declared it to be his<lb/>practice to <gap/> the law <hi rend="underline">mould</hi> was his very word.</p> <p>the law if <add>ought be</add> so and so there so it is: the law id so<lb/>and so, therefore it ought to be. Such is one <gap/><lb/>This being admitted it follows that when applied to<lb/>the law of England the <hi rend="underline">is</hi> and the <hi rend="underline">ought to be</hi> are inter-convertible<lb/><gap/>. Understand this more particularly of the<lb/>Common Law which throughout and from beginning to end<lb/>is in a more immediate way the work of out hands. To<lb/>be sure there is the Statute law likewise. But on each occasion<lb/>this is exactly whatever we <gap/> to make it, whatever be the <add>part</add><lb/><!-- continues in the margin --> part in question we take<lb/>it in hand and mould<lb/>it into proper form, as if<lb/>it were so much common<lb/>law. <del>Lord Man</del> Equity<lb/>is but an improved modification<lb?><!-- continues along the edge of the page --> of the Common Law, Lord Eldon when he was Chancellor was seen practicing this <gap/> art from the Chancery bench for the instrument of the learned <gap/><lb/>the speculative ☞ See <gap/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1828 Nov. 18
Law and Blackstone
all 18
(4
(2)
A for it Students sake Mr Black is not here is
will be Moral Chaos It can not be better . He needs little is<lb?>any from use that we can give that is an in
7
Immediate subordinate
ends of Government
four subsistence
Abundance, Security
and Equality
Astraia in continuity. Tell me more of Law as
it ought to be what are the commendably subordinate ends
II. Secondary, no protection part considered specific and ends of government
Felicia. Madam they are capable of standing expressed being indicated in
these four words. Subsistence, Abundance, — Security
Equality
☞ Proceed with the explanation of these from the "Lady Principles"
in print.
(1)
Dolosa. As to the distinction between what ought to be
and what in England the law is, it is no better than a
fanciful one: mere theory nothing better, neither
nor Puttendorf know of any such distinction Why Take any
arrangement which ought to be established: a necessary and<lb?>more failing consequence is — that unless that law which is
the perfection of reason it is established and as such ought to be deemed
and taken to be. So, again, conversely if by on it is established
it follows by purity of reason that it is exactly that which
ought to be established. As the <del. potter and the statuary
mould their clay, learned Judges mould the
law: which law is accordingly on every occasion at
one what it is and what it ought to be. Lord
Mansfield on occasion speaking from the Bench declared it to be his
practice to the law mould was his very word.
the law if ought be so and so there so it is: the law id so
and so, therefore it ought to be. Such is one
This being admitted it follows that when applied to
the law of England the is and the ought to be are inter-convertible
. Understand this more particularly of the
Common Law which throughout and from beginning to end
is in a more immediate way the work of out hands. To
be sure there is the Statute law likewise. But on each occasion
this is exactly whatever we to make it, whatever be the part
part in question we take
it in hand and mould
it into proper form, as if
it were so much common
law. Lord Man Equity
is but an improved modification<lb?> of the Common Law, Lord Eldon when he was Chancellor was seen practicing this art from the Chancery bench for the instrument of the learned
the speculative ☞ See
Identifier: | JB/031/217/001"JB/" can not be assigned to a declared number type with value 31. |
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217 |
law and blackstone |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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