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1828. March June 14
Law Amendment.
Propositions
Ch V Procedure
Preface
standard of reference
here: the natural course
of Procedure, not the Technical.
whosoever takes in hand these pages [on the subject
of Procedure] will do well in the first place to lay out of his mind every
thing that belongs to the existing system. The In the existing system, [+] [+] baptised the technical he will see when the time comes he will see nothing
confusion: a purposely and most elaborately organized
system of confusion. Of itself it accordingly consequently explains
nothing: explanation it requires itself throughout itself,
so far from being capable of affording. In the here
proposed system, incontestably stiled the natural, he will
see the course track prescribed by common experience and
common sense by the purpose whatsoever it has place
of giving execution and effect to a system of arrangements
and ordinances enactments, by elicitation made of the truth of facts on each
individual occasion on the question whether this or that one of the arrangements
or ordinances enactments made or supposed made (supposed only
in the case of the unwritten law) has application to the individual
case.
The natural course For arriving at the truth it will be seen is the same
in all cases. In the natural course Under the technical system the course is assumed
to be different according to the numbers of judicatories employed
with different portions of the logical field of law logical in
geographical assigned to them or occupied by them with
correspondingly different sets of powers and duties: Common Law. Equity Law
Civil Law. French law, law, Admiralty Law
systems Law, Petty Sessions</add. and so on. All good <add>apt differing so widely from
one another with while pretending to be directed to one and the
same object — the discovery of truth in regard to facts by means of evidence — all
good it is impossible they should be: all bad inapt it is altogether
possible they should be, and will accordingly be seen to be; all unapt bad
relation had to such their professed and falsely pretended purpose:
all
good apt eminently apt good
relative had to their not
professed by disguised and
if endeavoured to be concealed
purpose, the promotion of
the natural particular and
sinister interest of the institutions, at the expence and by the sacrifice of the universal interest.
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Identifier: | JB/052/162/001"JB/" can not be assigned to a declared number type with value 52. |
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1828-06-14 |
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052 |
law amendment |
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162 |
law amendment |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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16835 |
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