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<p><!-- pencil -->8 March 1807</p>
''This Page Has Not Been Transcribed Yet''
<p><add><del>The</del></add> The rule of action being in the state of statutory law, the<lb/>
 
question of law is therefore uniformly a question concerning<lb/>
 
the import of a certain word or assemblage of words.</p>
 
<p>But whose <add>of whom</add> then are these words?  Of who, but of the<lb/>
legislator?  if, among those whose duty and business it<lb/>
is to assign an import to any such assemblage of words,<lb/>
there be a doubt which of his imports is the true one, <add>what Oracle</add> to<lb/>
whom should recourse <add>recurrance</add> be made, but to the legislator?<lb/>
If it be a law of his own making, is there any other person<lb/>
as well able <add>to understand</add> so competent to declare what his meaning<lb/>
was or is, as he?  If it be among the laws received by<lb/>
him in the way of adoption from his predecessors, if he<lb/>
having <add>understood</add> not better than any one else, what <del>was</del> on the occasion<lb/>
in question was their will – what he can not<lb/>
but understand is a matter still more directly material<lb/>
viz: what <add>at the time in question</add> is his own will:  that will which in truth<lb/>
at each given moment of time is the only <hi rend="underline">immediate</hi> <del><gap/></del><lb/>
rule of action and standard of rectitude.</p>
<p>&#9758; Go on to explain what constitutes the matter of law under jurisprudential law, in analogy to the above.</p>
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Revision as of 04:23, 16 March 2022

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8 March 1807

The The rule of action being in the state of statutory law, the
question of law is therefore uniformly a question concerning
the import of a certain word or assemblage of words.

But whose of whom then are these words? Of who, but of the
legislator? if, among those whose duty and business it
is to assign an import to any such assemblage of words,
there be a doubt which of his imports is the true one, what Oracle to
whom should recourse recurrance be made, but to the legislator?
If it be a law of his own making, is there any other person
as well able to understand so competent to declare what his meaning
was or is, as he? If it be among the laws received by
him in the way of adoption from his predecessors, if he
having understood not better than any one else, what was on the occasion
in question was their will – what he can not
but understand is a matter still more directly material
viz: what at the time in question is his own will: that will which in truth
at each given moment of time is the only immediate
rule of action and standard of rectitude.

☞ Go on to explain what constitutes the matter of law under jurisprudential law, in analogy to the above.


Identifier: | JB/106/109/001"JB/" can not be assigned to a declared number type with value 106.

Date_1

1807-03-08

Marginal Summary Numbering

13-16

Box

106

Main Headings

scotch reform

Folio number

109

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c5

Penner

jeremy bentham

Watermarks

iping 1804

Marginals

jeremy bentham

Paper Producer

bernardino rivadavia

Corrections

Paper Produced in Year

1804

Notes public

ID Number

34697

Box Contents

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