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<head>1826 May 12<lb/> Procedure Code</head> <!-- in pencil --> <p>3<lb/> <note>Beginning</note><lb/> (3</p> <p> | <head>1826 May 12<lb/> Procedure Code</head> <!-- in pencil --> <p>3<lb/> <note>Beginning</note><lb/> (3</p> <p>§ How a sort of substitution to legislation grew out of judicature</p> | ||
<p>To facilitate conception the two powers which<lb/> now are to so great a degree distinguished from each other<lb/>and accordingly divided, the legislative and judicial,<lb/>have thus far been <del><gap/></del> spoken of as if alike<lb/>distinguished <del><gap/></del> at the commencement of the system of government.<lb/> In effect however they never have <add>were</add> nor ever<lb/> would be. Legislation presupposes views to a certain degree<lb/> comprehensive: in conception in the first place an expression <lb/> in the next place it supposes on the part of legislators, the<lb/>intellectual power of <unclear>classification</unclear> the faculty of designation<lb/>by general appellation in every particular <del><gap/></del> and<lb/>individual objects as on each occasion a man should<lb/>feel inclined to designate. This however at the time in <lb/> question could not be in their power: individual objects to<lb/>be comprised under general terms must <del>for</del> in the first<lb/>place have presented themselves to <add>the</add> senses have presented<lb/> themselves to particular experience. True it is that what<lb/>experience and observation presented <unclear>some</unclear>, analogy would<lb/> be presenting others: but <del>what</del> in the nature of the case<lb/>analogy requires matter upon which to operate: and by<lb/>nothing but experience and observation could that matter be<lb/>furnished <add>supplied</add>.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1826 May 12
Procedure Code
3
Beginning
(3
§ How a sort of substitution to legislation grew out of judicature
To facilitate conception the two powers which
now are to so great a degree distinguished from each other
and accordingly divided, the legislative and judicial,
have thus far been spoken of as if alike
distinguished at the commencement of the system of government.
In effect however they never have were nor ever
would be. Legislation presupposes views to a certain degree
comprehensive: in conception in the first place an expression
in the next place it supposes on the part of legislators, the
intellectual power of classification the faculty of designation
by general appellation in every particular and
individual objects as on each occasion a man should
feel inclined to designate. This however at the time in
question could not be in their power: individual objects to
be comprised under general terms must for in the first
place have presented themselves to the senses have presented
themselves to particular experience. True it is that what
experience and observation presented some, analogy would
be presenting others: but what in the nature of the case
analogy requires matter upon which to operate: and by
nothing but experience and observation could that matter be
furnished supplied.
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Identifier: | JB/057/262/001"JB/" can not be assigned to a declared number type with value 57. |
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1826-05-12 |
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057 |
procedure code |
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262 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
d3 / e3 |
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jeremy bentham |
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18592 |
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