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<head>NOTORIETY. N.Y. Books. Necessity of Scheme <add>of the Argument</add> <hi rend='superscript'>1</hi></head> | |||
<p><note>N.Y.B. Mss. Rep. Inaccessible.</note> | |||
<lb/> | |||
(1 <hi rend='superscript'>[+]</hi> But supposing it morally possible which it is not,<lb/> | |||
why be content with having within the verge <add>sphere</add> of<lb/> | |||
possibility what it is but to speak the word in<lb/> | |||
order to accomplish?</p> | |||
<p><note>unjust to the profession, to sacrifice <add><gap/></add> the interests of a large body to the aggrandisement of a few: unjust to men at large, <add><gap/></add> for it is with Law as it is with other commodities, the fewer hands it is in, the longer it must be waited for, <add>one wait to get it,</add> <unclear>&</unclear> the higher it must be paid.</note> | |||
<lb/> | |||
<sic>Shew</sic>. 1<hi rend='superscript'>st</hi>. That when even if the 1<hi rend='superscript'>st</hi> conscience<lb/> | |||
cannot. 2<hi rend='superscript'>dly</hi> that it would be injustice to the <del><gap/></del><lb/> | |||
of <del>the</del> body <add>at large</add> if they could: 3<hi rend='superscript'>dly</hi> That <del>the <gap/> of</del> the<lb/> | |||
body at large cannot. <del>3</del>4<add>thly</add> <gap/> because | |||
<lb/> | |||
they cannot fill 1<hi rend='superscript'>st</hi> all <hi rend='underline'>time</hi> nor 2<add>dly</add> all | |||
<lb/> | |||
<hi rend='underline'>place</hi> — Therefore one cannot by himself - nor | |||
<lb/> | |||
can they by conjunction: because all are not acquainted | |||
<lb/> | |||
with all. — as well might one argue | |||
<lb/> | |||
against the necessity of Laws because peace might | |||
<lb/> | |||
be kept by convention — <add>so against Laws <del>for</del></add> for making Roads, | |||
<lb/> | |||
which it is the interest of every one to have good. | |||
<lb/> | |||
<del>So mu</del> So much as to those who are at the fountainhead<lb/> | |||
of Justice - How is it to be with those<lb/> | |||
who are stationed at the distant Streams with<lb/> | |||
Justices in & out of Sessions with Judges of local</p> | |||
<pb/> | |||
<head><hi rend='superscript'>2</hi></head> | |||
<p>(1 Jurisdictions, with Provincial Council, Attorneys?<lb/> | |||
With Men of Law of all orders & denominations<lb/> | |||
in Ireland in Gibraltar, Senegal, America, the<lb/> | |||
East Indies? <del>A man</del> <add>An Advocate</add> <unclear>there</unclear> <add><del><gap/></del> <add>the role</add></add> possessed of notes of<lb/> | |||
contrary denominations <add>as, notwithstanding all that can be said by <gap/> <gap/> will some <add>-times happen</add></add> by producing which suited<lb/> | |||
his purpose might be master of the Law. <add>Decision</add> <hi rend='superscript'>[+]</hi> <note>Points of Law <sic>ubiquarious</sic>. Ex.</note> <note><hi rend='superscript'>+</hi> instance L<hi rend='superscript'>d</hi> Mansfield's & L<hi rend='superscript'>d</hi> <gap/> decisions on the <del>point</del> <add>competency</add> of evidence which is a topic of the Law not local but <hi rend='underline'>ubiquarious</hi>. <del>not</del> which is not touched upon by provincial regulations, but of which the determination is naturally sought from the <gap/></note></p> | |||
<p>Then it's having been done in England- accounts<lb/> | |||
for it's <unclear>ceasing</unclear> from the Barbarism of the <unclear>times</unclear> <lb/> | |||
Then enumerate & refer to the Advocate for it.<lb/> | |||
Then give the plan.</p> | |||
<p><note>Example Set by Scotland.</note> (3 A Thousand plans might be produced, of which<lb/> | |||
<add>in every one would serve the turn, <del>&</del></add> it could hardly be said that one was much preferred.<lb/> | |||
to another. - I mean as to the <unclear>mere</unclear> designation of<lb/> | |||
the persons</p> | |||
<p>This by way of example.</p> | |||
<p>But as to the method to be pursued, there are<lb/> | |||
several considerations which may not occur to every<lb/> | |||
one at the 1<hi rend='superscript'>st</hi> glance, but which yet <del>are</del> <add>may be</add> worth<lb/> | |||
attending to.</p> | |||
<p>Two distinct Tasks: to collect <add>by a temporary establishment</add> the rest: & to provide<lb/> | |||
a standing establishment for the recording of the <unclear>future</unclear>.</p> | |||
<pb/> | |||
<head>NOTORIETY. N. Year-Books</head> | |||
<p><note>the greatest part of a long-life honest industry</note> | |||
(4 Viner<lb/> | |||
<note>that he thought a service <add><unclear>hoped</unclear> would <unclear>prove</unclear></add> <gap/> <gap/></note><lb/> | |||
<note>N.Y.B. If Viner useful. this so. <add>more</add> too.</note> | |||
The attention of the public was by this engaged: it made<lb/> | |||
an epoch in the Law: the man was regarded, not<lb/> | |||
less for this, than for his liberal foundations, a<lb/> | |||
public Benefactor — Why <add>How</add> so? for what reasons?<lb/> | |||
but for such <add>For many . . .</add> as must press with tenfold force <add>& believe it . . . but what man is there</add><lb/> | |||
<note>amongst them all that <gap/> not</note> for an establishment</p> | |||
<p><note>N.Y.B. Judges condemn Spurious Reports</note> | |||
<lb/> | |||
(5 The Judges, th<del>ose</del>e interpreters and guardians of the<lb/> | |||
Common Law will sometimes animadvert not<lb/> | |||
without censure <add>severity</add> on those shapeless productions<lb/> | |||
that <del>pervert</del> <add>falsify</add> & disgrace it: I wonder how those<lb/> | |||
reverend persons (may <del>I <gap/> have</del> <add>a zeal for any object <add>this once</add></add> if thus<lb/> | |||
important to be pardoned this once for it's irregularity)<lb/> | |||
I wonder I say how they can ever do this, <add>ever there have done</add> without<lb/> | |||
reflecting how <del>easily</del> <add>by what plain & certain means</add> this mischief might be remedied,<lb/> | |||
& resolving that as far as in them lay<lb/> | |||
it should be.</p> | |||
<pb/> | |||
<p>6) N.Y.B. <note>All behind the <hi rend='underline'>fabulous</hi> Oera<!-- ligature --> of the Law. Account of this in future History</note> | |||
<lb/> | |||
"This is the period which divides the real from the <unclear>false</unclear><!-- the paper has been cut so that the ends of some words at the end of each line on this page are missing --><lb/> | |||
'"<gap/> history of the Common Law. From this <unclear>Year</unclear><lb/> | |||
<note>From this</note> "the <add>it's</add> annals compiled by persons <add>officers</add> <del><gap/></del> <add>appointed</add> by<lb/> | |||
"Authority have been <del>transmitted with</del> <del><gap/></del> <add>are handed down to</add> us <unclear>with</unclear><lb/> | |||
"fidelity in a copious & uninterrupted Series.<lb/> | |||
"Hence that certainty which is now the glory of<lb/> | |||
"the Science, & the comfort of <del>these</del> the subject <unclear>whose</unclear><lb/> | |||
"<unclear>peace</unclear> it has established upon the most conspicuous<lb/> | |||
"& durable foundations.</p> | |||
<p>"it <del>is</del> <add>seems</add> scarce credible, <del>& yet we</del> <add>tho' we</add> have indisputable<lb/> | |||
"testimony <add>that</add> in the dark ages which precede this<lb/> | |||
"period, <del>of</del> instances were frequent of men punished<lb/> | |||
"by long & expensive litigations, by fines<lb/> | |||
"& <add><unclear>by</unclear></add> Imprisonments, & even by Death itself, for the<lb/> | |||
"non-observance of Rules of which it was<lb/> | |||
"absolutely impossible <add>for them</add> to be apprized. | |||
<note>I. III.</note></p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
NOTORIETY. N.Y. Books. Necessity of Scheme of the Argument 1
N.Y.B. Mss. Rep. Inaccessible.
(1 [+] But supposing it morally possible which it is not,
why be content with having within the verge sphere of
possibility what it is but to speak the word in
order to accomplish?
unjust to the profession, to sacrifice the interests of a large body to the aggrandisement of a few: unjust to men at large, for it is with Law as it is with other commodities, the fewer hands it is in, the longer it must be waited for, one wait to get it, & the higher it must be paid.
Shew. 1st. That when even if the 1st conscience
cannot. 2dly that it would be injustice to the
of the body at large if they could: 3dly That the of the
body at large cannot. 34thly because
they cannot fill 1st all time nor 2dly all
place — Therefore one cannot by himself - nor
can they by conjunction: because all are not acquainted
with all. — as well might one argue
against the necessity of Laws because peace might
be kept by convention — so against Laws for for making Roads,
which it is the interest of every one to have good.
So mu So much as to those who are at the fountainhead
of Justice - How is it to be with those
who are stationed at the distant Streams with
Justices in & out of Sessions with Judges of local
---page break---
2
(1 Jurisdictions, with Provincial Council, Attorneys?
With Men of Law of all orders & denominations
in Ireland in Gibraltar, Senegal, America, the
East Indies? A man An Advocate there <add>the role</add> possessed of notes of
contrary denominations as, notwithstanding all that can be said by will some <add>-times happen</add> by producing which suited
his purpose might be master of the Law. Decision [+] Points of Law ubiquarious. Ex. + instance Ld Mansfield's & Ld decisions on the point competency of evidence which is a topic of the Law not local but ubiquarious. not which is not touched upon by provincial regulations, but of which the determination is naturally sought from the
Then it's having been done in England- accounts
for it's ceasing from the Barbarism of the times
Then enumerate & refer to the Advocate for it.
Then give the plan.
Example Set by Scotland. (3 A Thousand plans might be produced, of which
in every one would serve the turn, & it could hardly be said that one was much preferred.
to another. - I mean as to the mere designation of
the persons
This by way of example.
But as to the method to be pursued, there are
several considerations which may not occur to every
one at the 1st glance, but which yet are may be worth
attending to.
Two distinct Tasks: to collect by a temporary establishment the rest: & to provide
a standing establishment for the recording of the future.
---page break---
NOTORIETY. N. Year-Books
the greatest part of a long-life honest industry
(4 Viner
that he thought a service hoped would prove
N.Y.B. If Viner useful. this so. more too.
The attention of the public was by this engaged: it made
an epoch in the Law: the man was regarded, not
less for this, than for his liberal foundations, a
public Benefactor — Why How so? for what reasons?
but for such For many . . . as must press with tenfold force & believe it . . . but what man is there
amongst them all that not for an establishment
N.Y.B. Judges condemn Spurious Reports
(5 The Judges, thosee interpreters and guardians of the
Common Law will sometimes animadvert not
without censure severity on those shapeless productions
that pervert falsify & disgrace it: I wonder how those
reverend persons (may I have a zeal for any object <add>this once</add> if thus
important to be pardoned this once for it's irregularity)
I wonder I say how they can ever do this, ever there have done without
reflecting how easily by what plain & certain means this mischief might be remedied,
& resolving that as far as in them lay
it should be.
---page break---
6) N.Y.B. All behind the fabulous Oera of the Law. Account of this in future History
"This is the period which divides the real from the false
'" history of the Common Law. From this Year
From this "the it's annals compiled by persons officers appointed by
"Authority have been transmitted with are handed down to us with
"fidelity in a copious & uninterrupted Series.
"Hence that certainty which is now the glory of
"the Science, & the comfort of these the subject whose
"peace it has established upon the most conspicuous
"& durable foundations.
"it is seems scarce credible, & yet we tho' we have indisputable
"testimony that in the dark ages which precede this
"period, of instances were frequent of men punished
"by long & expensive litigations, by fines
"& by Imprisonments, & even by Death itself, for the
"non-observance of Rules of which it was
"absolutely impossible for them to be apprized.
I. III.
Identifier: | JB/100/002/002"JB/" can not be assigned to a declared number type with value 100. |
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100 |
digest |
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002 |
notoriety ny books necessity of scheme of the argument |
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002 |
n. year books |
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text sheet |
2 |
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recto |
f1 / f2 |
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jeremy bentham |
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32018 |
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