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1827. Jany. 22<hi rend="underline">d</p J. B. to Peel, on Manifold paper.
Manifold writing — Specimens of it in three different
hands. January. 1827.
Speech of R. Hon. Rob. Peel Thursday March 9th 1826.
Extracts —
Page 3. "It appears so conformable to the dictates of
"common sense that the law, of which all men are supposed
"to have cognizance — and which all are bound under heavy
"penalties to obey, should be as precise and intelligible as
"it can be made — that it is almost needless to fortify by
"reasoning or authority, the first impressions of the
"understanding."
Observation. To be intelligible, it must have
existence. Common law has no existence. It has not
in any part of it any determinate assemblage of words
belonging to it. It is a mere fiction. It is, in every
part, made by each man for the purpose of his own
argument. On each occasion, Plaintiff gives to it one
assemblage of words; Defendant, an opposite one; Judge
perhaps a third, differing from both: a second Judge,
coordinate or superordinate, perhaps, a fourth. These four
mutually contradictory fictitions, are they all or any of
them "as precise and intelligible, as it" (any portion
of real law) "can be made?"
II. Jb. p. 5. "Foreign nations have condensed and
simplified their laws."
Observation — How? Not in pretence by
consolidation: but in reality by codification. Applied to
Legislator-made law, condensation is styled consolidation.
On the continent, conversion of Judge-made into
Legislator-made law, has been styled homolegation.
Codification includes both: as far as it goes, it extirpates
Judge-made law.
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Identifier: | JB/011/249/001"JB/" can not be assigned to a declared number type with value 11. |
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1827-01-22 |
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011 |
law amendment |
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249 |
jb to peel on manifold paper |
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001 |
manifold writing - specimens of it in three different hands |
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correspondence |
1 |
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recto |
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john flowerdew colls |
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3946 |
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