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Parliament and Parliament: no difference as between<lb/> | Parliament and Parliament: no difference as between<lb/> | ||
Parliament and Judiciary: every thing <add>authority</add> is as<lb/> | Parliament and Judiciary: every thing <add>authority</add> is as<lb/> | ||
firm as a each. Between one authority and another,<lb/> | firm as <unclear>a</unclear> each. Between one authority and another,<lb/> | ||
i.e. between the authority of Parliament and the authority<lb/> | |||
of the Judiciary, no indeterminate and questionable gradation.</p> | of the Judiciary, no indeterminate and questionable gradation.</p> | ||
<p>Now how stands the matter in common<lb/> | <p>Now how stands the matter in common<lb/> | ||
alias Judge-made Law. Here every thing is at sea.<lb/> | alias Judge-made Law. Here every thing is at sea.<lb/> | ||
In the case of each report, degree of authority doubly in question of the three states abovementinoed the publishing<lb/> | In the case of each report, degree of authority doubly in<lb/> | ||
question of the three states abovementinoed the publishing<lb/> | |||
bookseller is the only one the authority of which<lb/> | bookseller is the only one the authority of which<lb/> | ||
is not exposed to dispute. Between Judge and Judge,<lb/> | is not exposed to dispute. Between Judge and Judge,<lb/> | ||
| Line 21: | Line 22: | ||
case assumed, and in each case without evidence,<lb/> | case assumed, and in each case without evidence,<lb/> | ||
gradations <add>grades</add> of authority multiplied upon an infinite<lb/> | gradations <add>grades</add> of authority multiplied upon an infinite<lb/> | ||
scale, and in every part of the scale open to dispute. <add>The situation of the Judge in the scale being assumed unquestionable, the authority <gap/>.</add> Of the Reporter, </p> | scale, and in every part of the scale open to dispute. <add>The situation of the Judge in the scale being assumed unquestionable, the authority <gap/>.</add> Of the Reporter, the authority in the same case<lb/> | ||
susceptible of the same diversifications. Open the books,<lb/> | |||
you will find the report of this or that Reporter being<lb/> | |||
mentioned and offered to <unclear>be quoted</unclear>, you will find, on<lb/> | |||
no other ground than that of its coming from that<lb/> | |||
same Reporter, a deaf ear turned to it by this or that<lb/> | |||
Judge. Here you will find a Report Book, consisting<lb/> | |||
of a number of volumes: some of the volumes<lb/> | |||
you will find this or that Judge suffer to be <gap/>;<lb/> | |||
others not. </p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1826. Decr 4.
Review of Sugden.
1.
Now as to authority. Under Statute Law, this
is altogether out of the question: no difference between
Statute and Statute: no difference between
Parliament and Parliament: no difference as between
Parliament and Judiciary: every thing authority is as
firm as a each. Between one authority and another,
i.e. between the authority of Parliament and the authority
of the Judiciary, no indeterminate and questionable gradation.
Now how stands the matter in common
alias Judge-made Law. Here every thing is at sea.
In the case of each report, degree of authority doubly in
question of the three states abovementinoed the publishing
bookseller is the only one the authority of which
is not exposed to dispute. Between Judge and Judge,
the perfect correctness of the Report being in each
case assumed, and in each case without evidence,
gradations grades of authority multiplied upon an infinite
scale, and in every part of the scale open to dispute. The situation of the Judge in the scale being assumed unquestionable, the authority . Of the Reporter, the authority in the same case
susceptible of the same diversifications. Open the books,
you will find the report of this or that Reporter being
mentioned and offered to be quoted, you will find, on
no other ground than that of its coming from that
same Reporter, a deaf ear turned to it by this or that
Judge. Here you will find a Report Book, consisting
of a number of volumes: some of the volumes
you will find this or that Judge suffer to be ;
others not.
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Identifier: | JB/078/198/001"JB/" can not be assigned to a declared number type with value 78. |
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1826-12-04 |
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078 |
Review of Humphreys |
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198 |
Review of Sugden |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
C1 |
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25289 |
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