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' | <head>1823. March</head> | ||
<head>Constitut. Code</head> | |||
<head>(2.)</head> | |||
<note>4<lb/> | |||
Of jurisprudential law<lb/> | |||
the highest degree of that<lb/> | |||
uncertainty is a necessary<lb/> | |||
consequence.<lb/></note> | |||
<p>Uncertainty, in the case where it has for its<lb/> | |||
seat the political rule of action, is at <sic>it's</sic> maximum, in the<lb/> | |||
case where that same rule of action has no determinate set of<lb/> | |||
words belonging to it. In this state is the rule of action throughout<lb/> | |||
all that part of the field of action, dominion <del>of</del> <add>over</add> which is<lb/> | |||
exercised by that spurious and imaginary substitute to law,<lb/> | |||
for the designation of which, the words <add>appellatives</add> <hi rend="underline"><sic>un-written</sic> Law</hi>, <hi rend="underline">Common<lb/> Law</hi>,or <hi rend="underline">Jurisprudential Law</hi>, are commonly employed.<lb/> | |||
In this case, on each individual occasion, the rule of action,<lb/> | |||
by which the fate of the suit or cause, and thereby the<lb/> | |||
lot and situation, of the parties litigant is determined,<lb/> | |||
is the arbitrary will of the Judge, made known, on that<lb/> | |||
same individual occasion, for the first time. In every<lb/> | |||
such instance, evil in this or that shape, evil in this<lb/> | |||
or that degree, and in every instance evil which, by a timely<lb/> | |||
formation and notification of a nearly existing and externally<lb/> | |||
expressed rule of action might have been avoided,<lb/> | |||
is among the results.<lb/></p> | |||
<note>5<lb/> | |||
Next to this comes that<lb/> | |||
of inaptitude in the expression<lb/> | |||
or method of the<lb/> | |||
written law<lb/></note> | |||
<p>Next after that highest degree of uncertainty<lb/> | |||
which is produced by the nonexistence of a preappointed<lb/> rule of action applying to the case, is <hi rend="underline">that</hi> which is<lb/> | |||
produced by inaptitude, in <del>a</del> <add>the</add> form given to the rule of<lb/> | |||
action which has place with reference to the case.<lb/></p> | |||
<note>6<lb/> | |||
If as to form the rule of<lb/> | |||
action were in all political<lb/> | |||
states at the highest<lb/> | |||
point of aptitude & so<lb/> | |||
destined to continue needless<lb/> | |||
would be the endeavour<lb/> | |||
to show by what means the<lb/> | |||
nearest approach to it<lb/> | |||
might be made. But the<lb/> | |||
fact is the reverse<lb/></note> | |||
<p>If the form universally given to the several<lb/> | |||
rules of action which have place in the several independent<lb/> | |||
political communities, <del>where</del> <add>were</add> universally at the highest<lb/> | |||
point in the scale of appropriate aptitude, and at<lb/> | |||
that same point <del>where</del> <add>were</add> moreover universally destined<lb/> | |||
for ever to continue, any endeavour that could here be directed<lb/> | |||
to the task of showing by which means the nearest<lb/> | |||
approach might be made to that same highest point,<lb/> | |||
would be needless and therefore useless. But, in every<lb/> | |||
instance, the case <add>state of things</add> is but too <sic>uncontrovertibly</sic> the reverse.<lb/></p> | |||
<note>Alike<lb/></note> | |||
1823. March Constitut. Code (2.)
4
Of jurisprudential law
the highest degree of that
uncertainty is a necessary
consequence.
Uncertainty, in the case where it has for its
seat the political rule of action, is at it's maximum, in the
case where that same rule of action has no determinate set of
words belonging to it. In this state is the rule of action throughout
all that part of the field of action, dominion of over which is
exercised by that spurious and imaginary substitute to law,
for the designation of which, the words appellatives un-written Law, Common
Law,or Jurisprudential Law, are commonly employed.
In this case, on each individual occasion, the rule of action,
by which the fate of the suit or cause, and thereby the
lot and situation, of the parties litigant is determined,
is the arbitrary will of the Judge, made known, on that
same individual occasion, for the first time. In every
such instance, evil in this or that shape, evil in this
or that degree, and in every instance evil which, by a timely
formation and notification of a nearly existing and externally
expressed rule of action might have been avoided,
is among the results.
5
Next to this comes that
of inaptitude in the expression
or method of the
written law
Next after that highest degree of uncertainty
which is produced by the nonexistence of a preappointed
rule of action applying to the case, is that which is
produced by inaptitude, in a the form given to the rule of
action which has place with reference to the case.
6
If as to form the rule of
action were in all political
states at the highest
point of aptitude & so
destined to continue needless
would be the endeavour
to show by what means the
nearest approach to it
might be made. But the
fact is the reverse
If the form universally given to the several
rules of action which have place in the several independent
political communities, where were universally at the highest
point in the scale of appropriate aptitude, and at
that same point where were moreover universally destined
for ever to continue, any endeavour that could here be directed
to the task of showing by which means the nearest
approach might be made to that same highest point,
would be needless and therefore useless. But, in every
instance, the case state of things is but too uncontrovertibly the reverse.
Alike
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John Flowerdew Colls |
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