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bolder style, and as become a man and a<lb/> citizen.<del>Though this be an</del> a act of the Per<lb/> | bolder style, and as become a man and a<lb/> citizen.<del>Though this be an</del> a act of the Per<lb/> | ||
sons, in whom the power of legislation is<lb/> | sons, in whom the power of legislation is<lb/> | ||
vested: <del>yet it is not properly and act</del> <add>Is it done in <del>a prop</del> <add>their</add> legislative capacity | vested: <del>yet it is not properly and act of <del>the</del><add>the</add></del><lb/> <add>Is it done in <del>a prop</del> <add>their</add> legislative capacity<lb/> | ||
or not? if it be, it must be a Law, for <del>it is</del> a declaration of the <lb> | or not? if it be, it must be a Law, for <del>it is</del> a declaration of the <lb> | ||
<del>Legislature, or at least not of the Legislature < | <del>Legislature, or at least not of the Legislature</del><lb> | ||
will of the Legislature, is a Law. If it is not, if in this act | will of the Legislature, is a Law. If it is not, if in this act <lb> | ||
<del>alone. For in such an act, these persons < | <del>alone. For in such an act, these persons </del><lb> | ||
the legislative power is laid aside, | the legislative power is laid aside, & the judicial power only assumed <lb> | ||
<del>do, either lay aside their Legislative powers,</del> <lb> | <del>do, either lay aside their Legislative powers,</del> <lb> | ||
then it is a sentence. — But whether it be a Law, or a Sentence <lb> | then it is a sentence. — But whether it be a Law, or a Sentence <lb> | ||
<del>or do assume, and <gap/> add to them, the judicial</del><lb/> | |||
it is a very bad thing. — <add>In the one case it is an abuse of the Legislative</add> <del>And if our Author has a mind for</del><lb/> | |||
power: in the other a judgment pronounce by an incompetent <del>court</del> <add>tribunal</add><lb/> | |||
<del>a new name he has any good</del> <add><del><gap/><gap/> an act does not deserve the name</del></add><lb/> | |||
If our Author will give it a new name <lb/> | |||
<del>power. And, I think, our Author</del><lb/> | |||
<del>leave to call it an extralegal act</del><lb/> | |||
he has <unclear>my</unclear> free leave: let him call it if he will an extralegal Act<lb/> | |||
<del>of a Law, <del><gap/></del>, not because its operation is spent upon a single person, but <del><lb/> | |||
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To be copied
"to the community in general." When he adds
with a kind of timidity and reluctance
"that this is rather a sentence than a law."
[I could have wished he had spoken outin a
bolder style, and as become a man and a
citizen.Though this be an a act of the Per
sons, in whom the power of legislation is
vested: yet it is not properly and act of thethe
Is it done in a prop <add>their legislative capacity
or not? if it be, it must be a Law, for it is a declaration of the <lb>
Legislature, or at least not of the Legislature<lb>
will of the Legislature, is a Law. If it is not, if in this act <lb>
alone. For in such an act, these persons <lb>
the legislative power is laid aside, & the judicial power only assumed <lb>
do, either lay aside their Legislative powers, <lb>
then it is a sentence. — But whether it be a Law, or a Sentence <lb>
or do assume, and add to them, the judicial
it is a very bad thing. — In the one case it is an abuse of the Legislative And if our Author has a mind for
power: in the other a judgment pronounce by an incompetent court tribunal
a new name he has any good an act does not deserve the name
If our Author will give it a new name
power. And, I think, our Author
leave to call it an extralegal act
he has my free leave: let him call it if he will an extralegal Act
of a Law, , not because its operation is spent upon a single person, but
Identifier: | JB/096/031/001"JB/" can not be assigned to a declared number type with value 96. |
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096 |
comment on the commentaries |
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031 |
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001 |
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collectanea |
2 |
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recto |
c78 / c79 |
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168 |
[[watermarks::[quartered royal arms motif]]] |
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[[notes_public::"to be copied" [note not in bentham's hand]]] |
31035 |
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