049-207.xml

Title: [3 July 1805 Evidence Introd]

Description: 3 July 1805

Evidence

Introd. Jurisprudential

Ch. 3. Sources

''. 2. Dicta

II. Second of the sources or materials of Jurisprudential law, jurisprudential Dicta.

Of a general proposition, delivered from a set of particular ones, this much may easily be conceived in a general way, that it may be of any given extent. It may be so short and narrow as to be capable of holding not even those the two particular propositions containing the least quantity of matter which it is possible for it to hold. viz: the anterior decision and the proposed future decision for the warranting of which it is framed. It may on the other hand be ample: and that to any degree of amplitude which the judge find it agreeable or convenient to give to it.

Scanty /Narrow/ or ample, in as far as it makes law as it goes towards composing the existing body of jurisprudential law it has exactly the same effect as an article of statute law, would have if delivered in same terms, would have: it has either this effect or none: those elements, of this nature and as other is that aggregate rule of action, such as it is, which goes by the name of jurisprudence in English or common law ultimately composed.

A rule of this sort once recognised or law serves if it is evident for the establishment not only of the individual decision for the purpose of which it was [...?] framed, but of all succeeding decisions that can be included in it. In the framing of any just dictum, a provident Judge will accordingly take care to make it wide enough: wide enough to include not only that particular decision, but all such other decisions, the occasion /demand/ for which, are the [...?] of any particular [...?] may be forseen by laws as likely to arise present itself.

JB_101_300.xml

Title: [21 Aug 1814 Logic Ch. Division]

Description: 21 Aug 1814

Logic

Ch. Division

'. Synthesis and Analysis

correspond not

3

In the formation of the idea /aggregate idea/ corresponding /designated/ to the term man - in the formation of the classical psychical aggregate termed man, the attention has turned itself aside from all the several simple ideas presented alike /that have alike been presented/ by the abovementioned individual aggregates, turning itself at the same time, and therefore confining itself to such of those simple ideas as have been presented by every individual of /belonging to/ that class comprised /comprehended/ under that appellation /appellative/; and those to which it has thus exclusively turned itself and confined itself it may be said by so doing to have abstracted i.e. drawn off from the rest. It is thus that, to the process or operation or process by which in this way {these} classical aggregates are formed, the term abstraction has been applied, and to the classical aggregates themselves, the term abstract ideas, as well as /in coordination /in opposition to and/ with that of/ general ideas.

These explanations premised, the time may have come for observing, that, where of the name of a classical aggregate the extent is to a certain degree considerable, it will scarcely have been formed but by a repetition /repeated perfromances /exercises// or repetiotion of the process of abstraction, a certain number /cluster/ of ideas having been first abstracted or as it were distilled from the cluster contained in the several individual i.e. physical aggregates, and from the product of this first distillation others drawn off to compose what may be termed a classical aggregate of the 2nd stage from the bottom, from this product of the 2nd distillation others again drawn off to compose an aggregate of the 3rd order /stage from the bottom/, and so on.

207

049-214.xml

Title: [4 July 1805 Introd. Jurisprudential]

Description: 4 July 1805

Introd. Jurisprudential

Ch. II. Sources

''. 3. Reports

Printed memorials, called Reports: containing accounts of Judicial Decisions together with the Judicial Dicta to which they gave rise.

Hitherto, decisions and dicta have been considered only in the abstract: it remains to speak of the physical bodies the printed books, in which the written signs of these discourses are exhibited in a material and concrete form.

A lawyer who happens to be present in court while the arguments on behalf of the parties for and against the decision called for by the plaintiff's demand, and the arguments of the Judge or Judges in support of the decision they are about to pronounce are delivering taken what is called for his notes of the case: that is sets down certain words as containing the tenor or at least the /at any rate/ purport of the whole or a part of which on the occasion in question is /was/ said by such or such a Judge, more particularly, of several Judges by the presiding Judge: with or without the arguments of the Advocates as he thinks fit! This note, when printed and published is called a Report: and a book containing a collection of such notes a Book of Reports.

In any such Report will of course be contained an account more or less explicit /clear/ and copious of the particular decision, and of the general dicta, direct and collateral, decisive and argumentative, on which it was grounded.