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<p><!-- pencil -->20 Feb<hi rend="superscript">y</hi> 1803<lb/> | |||
Ch. 9 | <!-- pencil --><head>Ch. 9 Introd. <del>Evidence or</del> Procedure</head></p> | ||
Of grounds for the exclusion of evidence | <p><head>Ch. 9. Of grounds for the exclusion of evidence</head></p> | ||
<p>Laws<hi rend="superscript">(a)</hi> and dispositions of law have on a former occasion<lb/> | |||
Laws and | been distinguished into <hi rend="underline">substantive</hi> and <hi rend="underline">adjective</hi>.<lb/> | ||
been distinguished into substantive and adjective.<lb/> | <note>Note (a)<lb/> | ||
Substantive laws and dispositions of law are all that<lb/> | Note to explain the difference<lb/> | ||
are not adjective.< | between <add>a</add> law and a disposition<lb/> | ||
Adjective laws and dispositions of law are such as<lb/> | of law: and to say<lb/> | ||
have for | that under <hi rend="underline">a law</hi>, a disposition<lb/> | ||
by the application of the general of the law | of law is included.</note></p> | ||
each particular case. They are the | <p>Substantive laws and dispositions of law are all that<lb/> | ||
Laws of | are not adjective.</p> | ||
<p>Adjective laws and dispositions of law are such as<lb/> | |||
The business final cause | have for their object the giving effect to substantive laws,<lb/> | ||
of the laws of procedure is to give effect and<lb/> | by the application of the general disposition of the law to<lb/> | ||
accomplishment to the several predictions | each particular case. They are the same which are termed<lb/> | ||
import of the substantive laws of law | Laws and dispositions of Procedure, <add>laws, the business of which is to</add> which regulate <add>prescribe</add> the<lb/> | ||
In the case of the | course of procedure.</p> | ||
<p>The business – the final cause –is at least the<lb/> | |||
<hi rend="underline">use</hi> of the laws of procedure is to give effect and<lb/> | |||
accomplishment to the several predictions <del>of</del> <add>included</add> in the<lb/> | |||
import of the substantive <add>laws</add> mass of law.</p> | |||
<p>In the case of the penal class of <del><gap/></del> <add>the body of laws</add> the import<lb/> | |||
of the prediction, is – as to that part which is addressed to<lb/> | |||
delinquents is. If you do so and so, you shall <add>will</add><lb/> | |||
suffer so and so. This is the main <add>direct</add> and positive prediction<lb/> | |||
<add>of the law.</add> As to the part addressed to <del><gap/></del> serve delinquents, it is –<lb/> | |||
If you do not do so and so, you shall <add>will</add> not suffer so<lb/> | |||
and so. This is the collateral and negative prediction of<lb/> | |||
the law.</p> | |||
<p>In the case of the non-penal branch of the body of<lb/> | |||
law the import of the prediction is as to that part<lb/> | |||
which is addressed to claimants is – If you are in<lb/> | |||
such or such a case – if you are possessed of such or such<lb/> | |||
a title <del>you <gap/></del> on application made to the judicial power, you<lb/> | |||
shall be invested with such or such a right – Another instance<lb/> | |||
of a prediction of the direct and positive brand.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
20 Feby 1803
Ch. 9 Introd. Evidence or Procedure
Ch. 9. Of grounds for the exclusion of evidence
Laws(a) and dispositions of law have on a former occasion
been distinguished into substantive and adjective.
Note (a)
Note to explain the difference
between a law and a disposition
of law: and to say
that under a law, a disposition
of law is included.
Substantive laws and dispositions of law are all that
are not adjective.
Adjective laws and dispositions of law are such as
have for their object the giving effect to substantive laws,
by the application of the general disposition of the law to
each particular case. They are the same which are termed
Laws and dispositions of Procedure, laws, the business of which is to which regulate prescribe the
course of procedure.
The business – the final cause –is at least the
use of the laws of procedure is to give effect and
accomplishment to the several predictions of included in the
import of the substantive laws mass of law.
In the case of the penal class of the body of laws the import
of the prediction, is – as to that part which is addressed to
delinquents is. If you do so and so, you shall will
suffer so and so. This is the main direct and positive prediction
of the law. As to the part addressed to serve delinquents, it is –
If you do not do so and so, you shall will not suffer so
and so. This is the collateral and negative prediction of
the law.
In the case of the non-penal branch of the body of
law the import of the prediction is as to that part
which is addressed to claimants is – If you are in
such or such a case – if you are possessed of such or such
a title you on application made to the judicial power, you
shall be invested with such or such a right – Another instance
of a prediction of the direct and positive brand.
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Identifier: | JB/047/127/001"JB/" can not be assigned to a declared number type with value 47. |
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1803-02-20 |
1-2, 4-6 |
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047 |
evidence; procedure code |
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127 |
introd procedure |
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001 |
ch. 9 of grounds for the exclusion of evidence / note (a) |
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text sheet |
1 |
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recto |
d1 |
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jeremy bentham |
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[[notes_public::"cancel, or engraft into introd. ch. 2 relation to procedure" [note in bentham's hand]]] |
14995 |
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