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LAW & COMMON STATUTE —Decisions all particular. No General Rule exists
In a word to borrow an illustration from Natural
Philosophy [a material image]. A Decision
founded on a Statute is a ray of light issuing
from the Statute as it's true Radiant. A Decision
founded upon Common Law is a ray issuing
an imaginary rule, which we may term its false Radiant.
The effect of it
is always to declare
+ mentioned in the directory part
+ had been praedicated
therein as about
to be made consequent attendant
in every individual
future instance
(pardon & so forth excepted)
as a consequence.
A decision grounded upon a Statute always declaims that the fact in question is a genus an individual
of that genus species of facts+ on which as a species of offence species of punishment the penalty
of the Statute
(supposing it to be one of a particular kind)
The specific rule therefore
([or rather the generic, to speak with more perspicuity
tho' less precision]) that is the preposition
predicating these two specific ideas of offence & punishment one
as consequent upon the other exists: it
has been formed by the proper authority, clothed
in certain language, and that language
fixed by certain permanent material marks, the
letters upon a like permanent material substraturm, the
paper—in a word it is a written Law.
When the decision is grounded upon the Common
Law that is upon prior decisions,+ no such
rule exists. It is a fiction figment of the imagination
The decision is "quasi" from such
a rule—A rule is supposed which is a No such for the purpose
No such rule can exist because there is no
specific idea
comprized in [the terms of] the
decision. Every decision is particular,
upon the particular fact which called
for it—The numerical rule, is a rule which
is supposed, a mere figment of the imagination raised
by abstraction, on the one hand from the a
particular fact on the other from a particular
punishment connected with it, in the manner
we have mentioned.
and of that language
the object of
the impact of raising
making expression has been made permanent
& the object of
charged from the
ear to the eye by &
+ For a decision upon Custom stands
perhaps upon another footing
and decisions upon
other authorities upon
another as Treatise which
are evidence of
lost decisions, unlitigated
practise &c again upon
another.
Law Common X
Statute
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Identifier: | JB/050/073/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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073 |
law common & statute - decisions all particular - no general rule exists |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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16064 |
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