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<note>To<hi rend='underline'> be copied</hi></note><!-- written in red ink -->


10-Feb-2012: under construction by Diane Folan. Please do not amend.
<p>his <del>distinction between the <hi rend="underline">declaratory</hi> &amp; <hi rend="underline">directory</hi></del> <add>division of <del>law into declaratory, directory &amp; <unclear>general</unclear></del></add> <add>the constituent parts of <del>the</del> Law was wrong.</add><lb/>
<del>But as</del> He had seen them all huddled together in many<lb/>
<del>part of a Law is not founded on experience. For<lb/>
"the declaration," (as he says)</del> "an act of Parliament<lb/>
<del>that many laws leave us being <hi rend="underline">usually</hi> collected</del>
<note><del>Vol. 1. p.95.</del></note><lb/>
He has too much reverence for the powers <hi rend="underline">that be</hi><lb/>
<del>"from the direction."  It were perhaps to be wished, that</del><lb/>
<del>his</del> to hint at an improvement and <del>so</del> as he found them,<lb/>
<del>this</del> distinction were <del>real &amp; <gap/> <add>adhered to</add></del> in fact: and that<lb/>
so he left them. The truth is, that what he<lb/>
<del>every act of the <del><gap/> <add>Legislature</add> were to begin by declaring</del><lb/>
<sic>chuses</sic> to call the directory &amp; remedial parts of a<lb/>
<del>the reasons on which the act is founded, &amp; the</del><lb/>
Law, are parts of no one particular law; but ought<lb/>
<del>end to be answered by it. But our author is</del> <add>has</add><lb/>
to be considered as distinct Laws of themselves. &#x2014;<lb/>
<del>too much reverence for the <hi rend="underline">Powers</hi> that <hi rend="underline">be</hi>,</del><lb/>
They <del>the necessity</del> are laws which regulate<lb/>
<del>to hint his dislike of an improvement</del><lb/>
the procedure of the courts of Justice. They<lb/>
<!-- Paragraph mark --> <del>What he calls the <hi rend="underline">remedial</hi> part of a Law, is</del><lb/>
ought not to make parts of each <del>dis</del> individual<lb/>
<del>no separate, or distinct part of it. It must</del><lb/>
act of the legislature. They should make a<lb/>
<del>be referred on then to the directory, or to the</del><lb/>
separate and distinct part of the general<lb/>
<del><hi rend="underline">vindicatory</hi> part. It must either contain</del><lb/>
code. They declare the will of the legislature<lb/>
<del>direction how a man is to vindicate that</del><lb/>
as to the mode in which each man is to<lb/>
<del>right what the Law assigns him, or it</del><lb/>
vindicate those rights which the<lb/>
<del>may contain <gap/> denomination of the</del><lb/>
Law assigns him<lb/>
<del>penalties which are to <add>be</add> inflicted on those who<lb/>
withold that right from him.</del></p>


<p>It is remarkable that in <del>our Authors</del> <add>the</add> <hi rend="underline">definition</hi><lb/>
of municipal Law, not a word was said<lb/>
of the <hi rend="underline">vindicatory</hi> part of the Law: which<lb/>
<note>Vol.1. p.57</note><lb/>
yet <del>he</del> <add>the author</add> afterwards declares to be "the most essential<lb/>
part of a Law:" to be that in which "the<lb/>
"main strength &amp; force of a Law consists:" to<lb/>
<add>be</add></p>


<p><note>To<hi rend='underline'> be copied</hi></note><!-- written in red ink -->  his <del>distinction between the declaratory &amp; directory
<p>121</p>
<lb/>
part of a Law is not founded on experience.  For
<lb/>
that many laws leave us</del>  <del>being <hi rend='underline'>usually</hi> collected
<lb/>
from the direction."  It were perhaps to be wished, that</del>
<lb/>
this distinction were <del>real &amp; <gap/></del> <add><del><gap/><!-- looks like 'aobeyed' --> to</del></add> in fact: and that
<lb/>
<del>every act of the <del><gap/></del> were to begin by declaring
<lb/>
the reasons or which the act is founded, &amp; the
<lb/>
end to be answered by it.              </del>


<lb/></p>




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Latest revision as of 13:31, 13 July 2023

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To be copied

his distinction between the declaratory & directory division of law into declaratory, directory & general the constituent parts of the Law was wrong.
But as He had seen them all huddled together in many
part of a Law is not founded on experience. For
"the declaration," (as he says)
"an act of Parliament
that many laws leave us being usually collected Vol. 1. p.95.
He has too much reverence for the powers that be
"from the direction." It were perhaps to be wished, that
his to hint at an improvement and so as he found them,
this distinction were real & adhered to in fact: and that
so he left them. The truth is, that what he
every act of the Legislature were to begin by declaring
chuses to call the directory & remedial parts of a
the reasons on which the act is founded, & the
Law, are parts of no one particular law; but ought
end to be answered by it. But our author is has
to be considered as distinct Laws of themselves. —
too much reverence for the Powers that be,
They the necessity are laws which regulate
to hint his dislike of an improvement
the procedure of the courts of Justice. They
What he calls the remedial part of a Law, is
ought not to make parts of each dis individual
no separate, or distinct part of it. It must
act of the legislature. They should make a
be referred on then to the directory, or to the
separate and distinct part of the general
vindicatory part. It must either contain
code. They declare the will of the legislature
direction how a man is to vindicate that
as to the mode in which each man is to
right what the Law assigns him, or it
vindicate those rights which the
may contain denomination of the
Law assigns him
penalties which are to be inflicted on those who
withold that right from him.

It is remarkable that in our Authors the definition
of municipal Law, not a word was said
of the vindicatory part of the Law: which
Vol.1. p.57
yet he the author afterwards declares to be "the most essential
part of a Law:" to be that in which "the
"main strength & force of a Law consists:" to
be

121




Identifier: | JB/096/045/001"JB/" can not be assigned to a declared number type with value 96.

Date_1

Marginal Summary Numbering

Box

096

Main Headings

comment on the commentaries

Folio number

045

Info in main headings field

Image

001

Titles

Category

collectanea

Number of Pages

1

Recto/Verso

recto

Page Numbering

c121

Penner

168

Watermarks

[[watermarks::[lion with vryheyt motif]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

[[notes_public::"to be copied" [note not in bentham's hand]]]

ID Number

31049

Box Contents

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