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<head>1828 July 31<lb/>Blackstone</head> <!-- in pencil --> <p><note>Beginning</note><lb/>(8) (2) <note>Obligations here created<lb/>Law. Statute & Common</note></p> <!-- list and following paragraph crossed though in ink --><p><del>1 Difference between <sic>Stat.</sic>& <sic>Com</sic> Law<lb/>2. Inaptitude of <sic>Com</sic> Law</del><lb/>3. Lawyers fondness for it<lb/>4. Causes of this fondness.<lb/>5. <sic>Com.</sic> Law <unclear>dog</unclear> law.</p> <p><unclear>Lateral</unclear> form of <del>proh</del> legislation — of prohibition and <gap/><lb/>Behind this form of legislation as behind a screen <unclear>lurks</unclear> the most<lb/>disastrous oversight, the most crying abuses and grievances.</p> <!-- text to the right of this list --><p><del>Rule of Law <gap/> Quasi Law</del><lb/>What made <del>me</del> <add>one</add> enter law.</p> <p>Improperly in the extreme. For in relation to any given<lb/>subject matter the quantity of Statute law how large so ever is<lb/>always finite: <del>the quantity</del> of written matter every particle<lb/>of which has as good claim as any other to be stated as<lb/>part and parcel of the Common Law, the quantity capable<lb/>of having <del>had</del> had place in relation to that same subject<lb/>matter, is altogether infinite.</p> <p>If instead of unwritten the matter of <add>this same</add> Common Law<lb/>was <sic>stiled</sic> unauthorised, the appellation thus given to it<lb/>would be true and instructive.</p> <p>From <add>one and</add> the same <del>quantity</del> portion of discourse giving<lb/>an account of individual facts as above, as having had place<lb/>in this or that individual case, a different General Rule<lb/>may have been deduced and published by every one of<lb/>an indefinite number of persons.</p> <p>By application made of the authority of the legislator<lb/>suppose relative to any subject-matter, a command<lb/>constituted into a Law: a rule of Common Law <add>deduced</add> as<lb/>above, <del>deduced</del> and expressed in the same or other<lb/>equivalent term may be <sic>stiled</sic> a <hi rend="underline">quasi-law</hi>: a<lb/>portion of discourse uttered after the <unclear>semiliterate</unclear> of a law.</p> <p>☞ State here from other papers of J.B, the three <hi rend="underline">Estates</hi><lb/> | |||
1828 | who <sic>concurr</sic> in the quasi-enactment of a quasi-law</p> <!-- addition in pencil --> <p>It may be considered as being in relation to a correspondent<lb/>article of real law what a shadow is to a substance.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828 July 31
Blackstone
Beginning
(8) (2) Obligations here created
Law. Statute & Common
1 Difference between Stat.& Com Law
2. Inaptitude of Com Law
3. Lawyers fondness for it
4. Causes of this fondness.
5. Com. Law dog law.
Lateral form of proh legislation — of prohibition and
Behind this form of legislation as behind a screen lurks the most
disastrous oversight, the most crying abuses and grievances.
Rule of Law Quasi Law
What made me one enter law.
Improperly in the extreme. For in relation to any given
subject matter the quantity of Statute law how large so ever is
always finite: the quantity of written matter every particle
of which has as good claim as any other to be stated as
part and parcel of the Common Law, the quantity capable
of having had had place in relation to that same subject
matter, is altogether infinite.
If instead of unwritten the matter of this same Common Law
was stiled unauthorised, the appellation thus given to it
would be true and instructive.
From one and the same quantity portion of discourse giving
an account of individual facts as above, as having had place
in this or that individual case, a different General Rule
may have been deduced and published by every one of
an indefinite number of persons.
By application made of the authority of the legislator
suppose relative to any subject-matter, a command
constituted into a Law: a rule of Common Law deduced as
above, deduced and expressed in the same or other
equivalent term may be stiled a quasi-law: a
portion of discourse uttered after the semiliterate of a law.
☞ State here from other papers of J.B, the three Estates
who concurr in the quasi-enactment of a quasi-law
It may be considered as being in relation to a correspondent
article of real law what a shadow is to a substance.
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Identifier: | JB/031/089/001"JB/" can not be assigned to a declared number type with value 31. |
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1828-07-31 |
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031 |
civil code |
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089 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
c8 / c2 |
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jeremy bentham |
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9775 |
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