★ Find a new page on our Untranscribed Manuscripts list.
1826 July 31
Penal Code
Ch. furies prudential entities
§.
20
This the domain
of fictions
Hitherto. Issue — command we have been in the region of realities.
We are now of necessity transported in to the regions of fictions.
Under the dominion In the domain of common law every
thing is fiction but the power exercised b the Judge.
On each occasion the Judge does it is true issue
a command tbis command is his decree but this decree
he on every occasion confesses he would not on
any occasion hav ehte power of issuing with effect
were it not for a command general in its extent and
in such sort general as to include and give authority
to this individual of his: —
21
Fictitious command
assumed by Judge on <lb> every occasion
To be what is a command general or individual
must be the command of some person who
in this case is this person as answer. not any
legislator for if it were the law would be a statute
law, a person being necessary if no real one to be
found hence comes the necessity of a fictitious one
this fictitious person is called the common law or <lb?> more generally that he may be confounded with the
real person of whose image he is made the law. —
|
Identifier: | JB/550/110/001"JB/" can not be assigned to a declared number type with value 550. |
|||
|---|---|---|---|
|
550 |
|||
|
110 |
|||
|
001 |
|||
