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NOTORIETY Particular Codes — Principles of their Establishment. R.S. V
In the selection of the Titles for the Codes
In the selection of such Titles to which separate
In the business of settling establishing what Titles shall be the Personal Titles to which separate Codes shall be attributed, it will not be sufficient
to look for them only in the Statute-
Book: but a separate Code must be established
wheresoever any set of Provisions, (or even any
single Provision) are seen which respect affect
any set of persons, who in common language
are comprized under a known & separate
appropriated denomination. Wheresoever the Law is seen to exert it's dominion over a mode of action the nature of which is to be practised performed not by all persons in general, but by a particular sort of persons, distinguishable from the rest by any a peculiar name.
Thus for example, there ought not the less to be a Code
bearing the nam of the Undertaker's Law
At the same a Code entitled the Undertaker's Law is among those that will be required although because Tthere is no such word for example in the Statute
Book as Undertaker - For There are provisions
regulating under penalties the manner in which Burial is
to be performed: 30 Car. 2. c. 3 32 Car. 2 c. 1 Rult. Ind. Wool. 37.
& is the persons, by whose occupation
to that is, is are called known in common language
by the appelation Undertakers, & no other. & these Undertakers are
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charged with the observance of those regulati
under Penalties
In the current methods of distribution, that in Burn's Justice for example & Ruffhead's Index because the end of these regulations was the encouragement of the Woolton Manufacture, are cast under that Title: in neither of them is there any notice taken of any such persons as Undertakers: such persons therefore have in order to derive any information from those 2 works must have studied the Law as Politicians, before they can come to the knowledge of the duties which it has imposed on them as Tradesmen.
So Thus again, there is a Paragraph clause in the Highw Turnp
Law by which an obligation to receive B Beasts
of Draught seized by for offences against the
act is imposed upon Churchwardens & overseers —
It is true no such persons that no such names occurr: are
mentioned under such names; but as the
word in the Act is Parish-Officers are
mentioned for that purpose [in question] in that behalf &
persons so denominated are Parish Officers
hence arises the necessity of inserting this
provision in their code.
Suppose a person, actuated prompted by a curiosity as uncommon
as it behoves to be, where the prospect
of being able to gratify is is so precarious, suppose a person I say of that business, to turn open -
to the any Index of to the Statutes, in the view
of enquiring what regulations there might be
in them respecting his own employment — In vain
would he search under the title of Undertaker
or Upholder or any other of those usually given
to persons in the same way of trade It is rather too much to require that men [sitting behind a Counters to have should quit their counters and study the body of the Law as Politicians in order to come at the knowledge of that small part of it consisting of the duties which it has imposed upon them as Tradesmen
Tradesmen however It may be said
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compos: & promulg: spontaneous notoriety inadequate digestion - persons must be explicitly named object - it will let loose informers answered |
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notoriety - particular codes principles of this establishment |
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jeremy bentham |
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