date

3 July 1805 Evidence Introd
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.
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  • 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 [...?].
  • Title: [6 Aug. 1804 Procedure Ch. non]
    Description: 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.
  • 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.