JB/063/098/002

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CLASSIFICATION & NOMENCLATURE.

A word that is strange to the
people should never be used
when one that is known familiar to
them will do as well.

Vain indeed and undeserving of attention would be the proposal to abolish one Technical
Nomenclature, only to [receive establish in its stead] another. [It might] with great reason [might it] be objected to such a
project, that what is now understood to but a few, would for a time in this its form of naming
be for not understood even by those few, & therefore understood by none — That much difficulty
and confusion would ensue while some of the profession, who go on smoothly enough
in the present Track, were putting setting themselves in the new one. But this is not the case

The ideas about which Jurisprudence
is conversant and as far as required, the Offences & their Punishments are no other
than what are familiar in parish common
life

They are all taken from the
Transactions of common life.

No new burthen is hereby meant [hereby] to be imposed upon any one's memory or attention: All that
is proposed is to take away a subsisting one.

Those indeed which relate to the Forms
of Practice justice to be pursued for the on the road from
that offence to that Punishment, are not so
familiar: for those therefore names are same

Like those articles of Natural History & Geography among the ancients which had one name
among the Gods and another among men, +, + ) Homer
Same Names as (Qu) Scamonder) there is no Article in Jurisprudence but what
has a name known to all the people alike, along with that which, known to a few hundred
or at most a few thousands out of as many Millions, is the language of the Shires to
all the rest.

What they understand they certainly
will; not understand the course because
others understand it with them

Now that name understood as it is by the People, is also therefore understood by men of the Profession: who
are able to explain their own peculiar name, or else they understand it not: and if they explain
it, must use that which is understood by the People: returning therefore that which is understood
by all, & casting out that which is understood by themselves alone, they cannot certainly be put
to any inconvenience: for what they understood they certainly will not understand the course because
others understand it with them.

We are told by [tells us] that when

sort technical must be invented: but even
in these the less technical they are, that is
the closer analogy they bear to Ideas which
are generally familiar, they3 wiill be allowed to be the1 better2.

There is nothing
which a true Lawyer
enjoys like what
is called a curious
question, a Nut
to crack —If the
Law was plain
if the Nut grew —
without a shell
it would lose it's
merits with him.

Suppose for example a Lawyer were to undertake
to explain what a Certiarari
is to one of the people a Countryman — how would
he go about it? He would tell
him it was a Writ Precept to remove
a Cause from a lower Court into
a higher one: in shortness, a Writ
of Removal — A Writ of Removal
might therefore serve for it's name
as well as Certiarari & this would
be understood by every body; being
a name naturally significative of
its use properties/function; & not a name
arbitrary imposed foreign & irrelative like the other.

To preserve the secure the identification a short
Index Vocabulary might be made containing
the old technical names rejected, accompanied
respectively with the
popular ones adopted in their stead.
But for abbreviation technical
ones will be still necessary.

It is curious to observe, how as soon as these extraneous, denominations have been introduced, they have —
served as a nucleus round which offences of the most heterogenous nature have arranged themselves just as
an extraneous Substance body in the Bladder becomes the center of that kind of arrangement, of particles which
produces a cruel disease in the body. Natural It is from the same source of confused & inexplicit Nomenclature
amidst the jumble of Premunire Felony, Petty Treason, High Treason that arises that curious
learning (as it is called by those who are fond of looking upon the Law as a Stage field for disputants to exercise
upon rather than as a banner of Peace) as a Game to play rather than as a Pharm
to heal the moral miseries of human Nature of mergers & revivals which draws a collection of
legal writs to play upon it like Flies upon a tainted limb.

Every article of which serves but to shew in what darkness and throught what a —— of artificial purplexity our Legislatures
have been working, who never could strike a stroke on any of those Subjects which did
not call up, as if by the track of a spring, a nest of consequences whereas which they never intended
nor foresaw.

CLASSIFICAT. and NOMENCL. Inconveniences [BR][5][ ] of the Old. Certiarari.

Identifier: | JB/063/098/002"JB/" can not be assigned to a declared number type with value 63.
Date_1		Marginal Summary Numbering
Box	063	Main Headings	law in general
Folio number	098	Info in main headings field	classificat. and nomencl. inconveniences of the old certiorari
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	/ c5
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [lion with vryheyt motif]]]
Marginals		Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	20287
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