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<head>Of Law in general. 3</head> | |||
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<p>the Law itself. <note>+ Comm I.B. 44.</note><lb/></p> | |||
<p>Our Author indeed had great expectations from the word <hi rend='underline'>Rule</hi>: His | |||
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notion was as we shall see presently that it would serve to distinguish | |||
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<hi rend='underline'>Law</hi> from <hi rend='underline'>Counsel</hi>. or as we are apt to say <add>advice.</add> In this — | |||
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however I am apt to imagine he will stand alone. <del>If a man does | |||
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as I counsel him, I see not why my counsel may not just as properly | |||
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be said to be the rule of his action as my Law may, when he | |||
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does as I command him. You are about to mount a horse, <del>if</del> to | |||
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to get on horseback, I am your friend Hold say I the Horse is | |||
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<sic>vitious</sic> and will throw you. You are about to mount a Horse | |||
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to steal, I am a Legislator and have said he that stealeth a Horse | |||
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shall be hanged for it. You act accordingly.</del> I see not why my — | |||
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counsel is not as much a rule of your Action in the one case, — | |||
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as my Law is in another.<lb/></p> | |||
<p>To say that such a Law is a rule of action, that it has been taken | |||
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by such an one for a rule of his actions is but an <sic>obuse</sic> and | |||
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figurative way of saying that it has been <sic>obey'd</sic> A Law's being | |||
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a <hi rend='underline'>Rule of action</hi> is therefore what may be or may not be. but | |||
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if it is a Law, it is <add><del>for</del> without question</add> <del>certain it is</del> a <hi rend='underline'>command</hi>.<lb/></p> | |||
<p><add><del>As to the word <hi rend='underline'>rule</hi></del></add> the meaning of the word "<hi rend='underline'>rule</hi>" as applied to actions is either in | |||
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general the same as that of the words "pattern", "model"; something | |||
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in confirmity to which action is carried on, which ought to be —<!-- letter/symbol at the starting point of the m dash --> | |||
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equally said of instruction or of advice or more particularly a | |||
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something that governs action. In the first sense, the expression | |||
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is not true of a Law, any <sic>farther</sic> than it is true of a command:<lb/></p> | |||
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<head>Sect. I. Law in General 3</head> | |||
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Of Law in general. 3
the Law itself. + Comm I.B. 44.
Our Author indeed had great expectations from the word Rule: His
notion was as we shall see presently that it would serve to distinguish
Law from Counsel. or as we are apt to say advice. In this —
however I am apt to imagine he will stand alone. If a man does
as I counsel him, I see not why my counsel may not just as properly
be said to be the rule of his action as my Law may, when he
does as I command him. You are about to mount a horse, if to
to get on horseback, I am your friend Hold say I the Horse is
vitious and will throw you. You are about to mount a Horse
to steal, I am a Legislator and have said he that stealeth a Horse
shall be hanged for it. You act accordingly. I see not why my —
counsel is not as much a rule of your Action in the one case, —
as my Law is in another.
To say that such a Law is a rule of action, that it has been taken
by such an one for a rule of his actions is but an obuse and
figurative way of saying that it has been obey'd A Law's being
a Rule of action is therefore what may be or may not be. but
if it is a Law, it is for without question certain it is a command.
As to the word rule the meaning of the word "rule" as applied to actions is either in
general the same as that of the words "pattern", "model"; something
in confirmity to which action is carried on, which ought to be —
equally said of instruction or of advice or more particularly a
something that governs action. In the first sense, the expression
is not true of a Law, any farther than it is true of a command:
Sect. I. Law in General 3
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Identifier: | JB/096/051/003"JB/" can not be assigned to a declared number type with value 96. |
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096 |
comment on the commentaries |
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051 |
sect. i law in general |
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003 |
note |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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