date

6 Aug. 1804 Procedure Ch. non
6 Aug. 1804

Procedure

Ch. non-homologation

Import uncertain

/Thus/ In this way it is that in the way of jurisprudential law dogs may be taught /made to learn/ and are made to have accordingly the definition of theft, as well as of various other forbidden sorts of acts. And not only may any /each/ given dog be made in this way to learn what is called by /in the language of/ English lawyers is called common law by what has been acted and found to what has been suffered by himself, but one /any one/ /each/ dog though in a manner not quick to improvise may learn a lesson to the same effect by the observation of what has been acted and suffered by another /a fellow/ dog.

Thus far the same sort of law jurisprudential law serves alike for dog and man. Another step and /At the next step/ the path divides and man has somewhat the advantage. Man has learnt /found recourse to learn/ not only to speak but even in process of time, in some countries to write /even to read and write/. In this state of things /stage of society/ should it happen to any man to have committed to writing description more or less accurate and compleat of the cases the individual cases in which this and that man after acting in any /this or that/ branch of delinquency has been in consideration [...?] made to suffer by this or that mode of punishment, it will thus have been rendered possible pro tanto fora man to learn to abstain from that /those acts/ for which he is liable to be punished - to abstain from them in consequence of the having read what has been thus written - to abstain from them without having been previously punished for not having obtained abstaining from them, or so much as seeing any other man punished for the same cause.
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  • Title: [6 Aug 1804 Procedure Ch. non]
    Description: 6 Aug 1804

    Procedure

    Ch. non homologation

    ''.3.2. Import uncertain

    What is there of the nature of law (lex) in all this? - nothing. What is there that in the way of jurisprudential law (jus) can answer the purpose of such a law? Nothing; but as little, unless it be the general idea which a bystander if such an one there happens to be, or seen one who has heard of in all its circumstances the individual transaction, may have made for himself - extracted and abstracted out of the idea so obtained of its[?] individual transaction for his own use.

    Thus it is that what words are in statutory law, these or the equivalent are in jurisprudential. As often as a man is found to have committed an individual act which in the mind of the man in power (say here the Judge) answers to the general idea expressed by words constituting the denomination of a species of conduct which men are prepared it is supposed to be treated upon the footing of an offence (viz: by punishment with or without the burthen of satisfaction attached to the commission of it) he is either put to death, or whipped or beaten, or consigned[?] to prison or made to lose a part or the whole of his property, or in a word punished or otherwise burthened and made to suffer in some other manner as the case may be. Other men observing, if the opportunity of observing /observation/ happens to come across them - observing each for himself in what cases a man has been dealt with, learn perhaps to expect, and to apprehend each for himself that in the event of his venturing to act in like /sort/ manner, he may come to suffer in like /sort/ manner.

    Note

    In punishment thus sentenced, the same offender, if he be left alone, the same offender recollecting what has happened to him and the case in which it has happened to him learns to apprehend that on any future /subsequent/ occasion, any future /subsequent/ act of the same sort will be followed in his instance by punishment of the same sort, if not worse.
  • Title: [3 July 1805 Evidence Introd]
    Description: 3 July 1805

    Evidence

    Introd. Jurisprudential

    Ch. Sources

    ''. 3. 1. Decisions

    In the case of statute law, all laws to which any sort of obedience is expected, are committed not only to writing but to print, and sent /conveyed/ to a bookseller, of whom the whole collection may be bought: bought by every individual to whom it is possible to find the money, which is not the case with persons of some several hundreds.

    For the same reason /By purity of reason/, in the shape of jurisprudential law, if on the part of those on whom it depends the instance were that men should obey them as often as occasion served instead of being punished for not obeying them, one process /operation/ would be, and that the first preliminary one, so to order matters that of all these decisions out of /each of/ which rules of law are equally liable to be drawn by the above abstractive process, when equal access should be provided /made possible/ by like means.

    On these terms /At this price/, if jurisprudential law were indeed for any thing better than /any individual /being/ above the rank of/ a dog, the best foundation that it admitts, of, would there be laid for it.

    All this which at the same time what must be evident enough is that in this way, even although upon every occasion the memory of the case even in every reason to be broken in to the backbones of bystanders as it is under dog law into them of dogs, the (but) knowledge that could there be made with /obtained if/ jurisprudential law would be but scanty besides the [...?] of it.
  • Title: [3 July 1805 Evidence Introd]
    Description: 3 July 1805

    Evidence

    Introd. Jurisprudential

    Ch. Sources

    3. ''. 3. 1. decisions

    Not that in the process above described there would, if particular cases were selected for the purpose and taken one by one in every instance be any thing beyond the reach of human powers. So far from it on the contrary, under these limitations, there is nothing more in it that what dogs, not to speak of other animals, are found fully competent to. If you make /making/ a point, as Louise the 14th did, of feeding your dog with your own hand, and for that purpose of keeping it constantly on a particular shelf within your own reach, you do not choose that the dog should come at it, /the meat/ but when you choose to give it to him, what you will do of course /you take for this instruction will be/ vis - as often as he makes any attempt to reach the shelf and help himself, you will give him a good blow. This process being repeated a competent number of times, your dog will at the end of it have become pro tanta a juryist or common lawyer, having acquired a general idea of theft, and of the law by which in virtue of the attendant punishment, the act of taking or attempting to take him in /when accompanied with/ these circumstances been converted into an offence, which this in the form of jurisprudential law has been inacted by you against theft. And from the same way the corpus juri canind may be, as in truth /made, as in fact/ it every day is made by legislators in no small numbers made to receive not inconsiderable extent. Not that, after all this instruction and consequent generalisation the dog would be less at a loss /puzzled/ to give so timorous a definition of theft in words /in general on [...?], general words/ than Lord Hale acknowledged himself to be, which he was hanging men for theft: but to general words are disquisition has not yet got to that length but general ideas are all that in question as yet general words, another object to which [...?] for our [...?].