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To be copied
his distinction between the declaratory & directory <add>division of law into declaratory, directory & ral</add> the constituent parts of the Law was wrong.
But as He had seen them all huddled together in many
part of a Law is not founded on experience. For
"the declaration," (as he says) "an act of Parliament
that many laws leave us being usually collected
Vol. 1. p.95.
He has too much reverence for the powers that be
"from the direction." It were perhaps to be wished, that
his to hint at an improvement and so as he found them,
this distinction were real & adhered to in fact: and that
so he left them. The truth is, that what he
every act of the Legislature were to begin by declaring
chuses to call the directory & remedial parts of a
the reasons or which the act is founded, & the
Law, are parts of no one particular law; but ought
end to be answered by it. But our author is has
to be considered as distinct Laws of themselves. —
too much reverence for the Powers that be,
They the necessity are laws which regulate
to hint his dislike of an improvement
the procedure of the courts of Justice. They
Paragraph mark What he calls the remedial part of a Law, is
ought not to make parts of each dis individual
no separate, or distinct part of it. It must
act of the legislature. They should make a
be referred on then to the directory, or to the
separate and distinct part of the general
vindicatory part. It must either contain
codes. They declare the will of the legislature
direction how a man is to vindicate that
as to the mode in which each man is to
right what the Law assigns him, or it
vindicate those rights which the
may contain denomination of the
Law assigns him
penalties which are to be inflicted on those who
withold that right from him.
It is remarkable that in our Authors the definition of municipal Law, not a word was said of the vindicatory part of the Law: which Vol.1. p.57 yet he the author afterwards declares to be "the most essential part of a Law:" to be that in which "the "main strength & force of a Law consists:" to be
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