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<p>1826. July 31<lb/> | |||
<head>Penal Code</head><note>Ch. Juries prudential entities</note></p> | |||
<p>5 Commands<lb/> | |||
An instrument which as above has been mentioned<lb/> | |||
as necessary to the generation of the fictitious entities<lb/> | |||
called a right and a power is as has been<lb/> | |||
seen a command. But a command is a discourse<lb/> | |||
expressive of he wish of a certain person who<lb/> | |||
supposing his power independent of that of any<lb/> | |||
other person and to a certain extent sufficiently<lb/> | |||
ample in respect of its subject matters to wit<lb/> | |||
persons things immoveable & moveable and acts of<lb/> | |||
persons and times is a legislator. Say a legislator<lb/> | |||
in the singular: for simplicity sake the case of<lb/> | |||
a division of the legislative power among divers<lb/> | |||
persons or classes of persons may on this occasion<lb/> | |||
be put aside.</p> | |||
<p>6 Quasi Commands<lb/> | |||
Now then comes a doubt and with it a question<lb/> | |||
in the <del>case you</del> state of things you have hitherto<lb/> | |||
been supposing the law in question is of that<lb/> | |||
sort called statute law: and in the case of statute<lb/> | |||
law the print of a command is sufficiently visible.<lb/> | |||
But obligations are created – rights established not<lb/> | |||
only by statute law but by another species of law<lb/> | |||
called common law where in this case is the command?</p> | |||
<p>Where is the person by whom it has been issued<lb/> | |||
where in a word is the legislator the Judge is not<lb/> | |||
the legislator. Far from claiming he would not so<lb/> | |||
much as admit himself to be so; he puts aside –</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
1826. July 31
Penal CodeCh. Juries prudential entities
5 Commands
An instrument which as above has been mentioned
as necessary to the generation of the fictitious entities
called a right and a power is as has been
seen a command. But a command is a discourse
expressive of he wish of a certain person who
supposing his power independent of that of any
other person and to a certain extent sufficiently
ample in respect of its subject matters to wit
persons things immoveable & moveable and acts of
persons and times is a legislator. Say a legislator
in the singular: for simplicity sake the case of
a division of the legislative power among divers
persons or classes of persons may on this occasion
be put aside.
6 Quasi Commands
Now then comes a doubt and with it a question
in the case you state of things you have hitherto
been supposing the law in question is of that
sort called statute law: and in the case of statute
law the print of a command is sufficiently visible.
But obligations are created – rights established not
only by statute law but by another species of law
called common law where in this case is the command?
Where is the person by whom it has been issued
where in a word is the legislator the Judge is not
the legislator. Far from claiming he would not so
much as admit himself to be so; he puts aside –
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