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<head>1825. March 14<lb/> Procedure Code</head> <!-- numbers in pencil --> <p>4<lb/><note><sic>Ch.</sic> ends of Justice</note><lb/>4 <note>§ . <!-- in pencil --> 1. Ends of Judicature</note></p> <p><note>11<lb/>Procedure Code supposes<lb/> existence of a body of<lb/><sic>legislatorial</sic> substantive<lb/> law</note></p> <p><sic | <head>1825. March 14<lb/> Procedure Code</head> <!-- numbers in pencil --> <p>4<lb/><note><sic>Ch.</sic> ends of Justice</note><lb/>4 <note>§ . <!-- in pencil --> 1. Ends of Judicature</note></p> <p><note>11<lb/>Procedure Code supposes<lb/> existence of a body of<lb/><sic>legislatorial</sic> substantive<lb/> law</note></p> <p><sic>Art.</sic> <!-- number in pencil --> 9 Another assumption is the existence of a<lb/>body of <add>substantive</add> law to which it is is the business of the Judge in compliance<lb/> with the rules laid down in the Procedure Code<lb/> or say the adjective Code to give execution and effect.</p> <p> This <del><gap/></del> body of law in so far as it is real,<lb/> will consist of a portion <add>mass</add> of written discourse acknowledged<lb/> at the same time or at different times, by the person or<lb/> persons exercising at the times the superior power in the<lb/>State say in one word <del>by the Legislator</del> for shortness, <add>in one word</add> as<lb/> if in every case <add>instance</add> it was but one person — the <hi rend="underline">Legislator</hi><lb/> as containing the expression of his will as to the matters<lb/> therein mentioned. In so far as it comes under this <sic>descrpt</sic><lb/> it is denominated Statute law</p> <p><note>12<lb/>In so far as <add>it is</add> not written<lb/> <sic>Legislatorial</sic> law it is<lb/> imaginary</note></p> <p>In so far as it comes not under this description<lb/> the <del><gap/></del> considered as coming from the Legislator, is an<lb/> imaginary one. If how it may be termed it is imaginary<lb/>law: <del>just as</del> it is to law what Jeffery of Monmouth's<lb/>History of England <add>pretended but altogether <gap/></add> is to real History: what a <add>modern</add> <gap/> is<lb/>to biography. To form a ground for his demand the<lb/> <del><gap/></del> party <sic>demandant</sic> or his lawyer <gap/> <add>devises/<gap/></add> <del><gap/></del> a portion<lb/> of discourse out of his own hand and says this is the<lb/> law: to form a ground for his defence if it be on the ground<lb/> of law the parties defendant <del><gap/></del> <add>or his lawyer</add> forms out of his own<lb/> hand another portion of intercourse and says — nay <del>but</del> not <add>so</add> that<lb/> but <del>this is</del> <add> thus saith</add> the law. The Judge to forma ground for<lb/> the decree he sees good to issue <del><gap/></del> adopts either the<lb/> <add>discourse</add> law feigned <add>imagined</add> on the pursuer's side or the law <add>discourse</add> imagined on the<lb/> defendant's side or a discourse of his own imagining, <lb/> and to <del>warrant too</del> form a ground for such <gap/> decree<lb/> as he sees good to issue, delivers a correspondent <gap/> decree<lb/> saying of the discourse so adopted or imagined by him Thus saith the Law.</p> | ||
1825. March 14
Procedure Code
4
Ch. ends of Justice
4 § . 1. Ends of Judicature
11
Procedure Code supposes
existence of a body of
legislatorial substantive
law
Art. 9 Another assumption is the existence of a
body of substantive law to which it is is the business of the Judge in compliance
with the rules laid down in the Procedure Code
or say the adjective Code to give execution and effect.
This body of law in so far as it is real,
will consist of a portion mass of written discourse acknowledged
at the same time or at different times, by the person or
persons exercising at the times the superior power in the
State say in one word by the Legislator for shortness, in one word as
if in every case instance it was but one person — the Legislator
as containing the expression of his will as to the matters
therein mentioned. In so far as it comes under this descrpt
it is denominated Statute law
12
In so far as it is not written
Legislatorial law it is
imaginary
In so far as it comes not under this description
the considered as coming from the Legislator, is an
imaginary one. If how it may be termed it is imaginary
law: just as it is to law what Jeffery of Monmouth's
History of England pretended but altogether is to real History: what a modern is
to biography. To form a ground for his demand the
party demandant or his lawyer devises/ a portion
of discourse out of his own hand and says this is the
law: to form a ground for his defence if it be on the ground
of law the parties defendant or his lawyer forms out of his own
hand another portion of intercourse and says — nay but not so that
but this is thus saith the law. The Judge to forma ground for
the decree he sees good to issue adopts either the
discourse law feigned imagined on the pursuer's side or the law discourse imagined on the
defendant's side or a discourse of his own imagining,
and to warrant too form a ground for such decree
as he sees good to issue, delivers a correspondent decree
saying of the discourse so adopted or imagined by him Thus saith the Law.
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279 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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