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30 Jan y 1805
Evidence
Securities
Ch. Engl. Proleg.
'' Bad Procedure Causes
Jurisprudence bad [...?]
7. The blind and abject veneration so carefully directed to jurisprudential under the name of common law in contradistinction to statute law: to a species of law in /the formation of/ which particular analogy is the chief guide, in preference to a species of law in which utility is at least the only professed guide: to a species of law formed in other times - in preference of a species of law capable of being formed in present times: to a species of law made /formed/ in dark[?] times to a species of law formed in comparatively enlightened times: to a species of law in /the formation of/ which the representatives of the people had no share to the prejudice o a species of law in the formation of which the representatives of the people have a principal share - to a species of law mixed up with acknowledged /defiled in /throughout/ its whole texture by/ lies and nonsense if any where to be found, are at least not suffered /admitted/ to enter any where but through inadventures. to a species of law of which the times being no where, the prospect is effectively and universally /perpetually/ unascertainable! in preference to a species of law of which the times, will as all expressed /conceived/ is to be seen every where /day/ by every body to a species /in a word[?]/ of law in which beaten by /unavoidable blows are employed/ instead of words, and of which the acknowledged quintessence of iniquity, the characters if in ex post facto law, are the characteristic offence, in preference to a species of /that paternal/ law, of which the avoidance of every thing that savours of that abomination is the final and constant care.
+ which punishes or Taken without warning, that for this /[...?]/ view of the punishment Sempronius may form a law to himself at his peril,
Similar Items
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Title: [21 April 1805 Evidence Securities]Description: 21 April 1805 Evidence Securities Ch. Procedure Technical ''.2. Objects pursued ''.2. Objects pursued /aimed at/ under the constructs of those interests. The dictates of interest being given, and the means of recognizing them in that character, not being wanting, the objects pursued under the impulse of that interest, power necessary to the pursuing them with effect being also present, will also be given. Such is the constitution of human nature Not in the case of each /every/ individual taken separately: because in consequence of the variations produced by idiosyncrasy, every sort of interest, every sort of motive, every object of desire or aversion does not act upon all men nor upon any man at all times, with exactly equal force: but this constancy and consistency of action which would in vain be looked for on the part of the individual, may be looked for with confidence in the species or class. Titius and Sempronius may be governed for the moment by this interest, the pleasure or pain /by the motive, by the motive/, by the virtue or vice, of the moment: Titius more obedient to social interests and motives frequently led by that means into virtuous course, Sempronius under the governance of self-regarding or [...?] interests and motives and thence more frequently led astray by that means into vitious courses: but of Titius and Sempronius and their brethren taken together /collectively/ it may always be predicted /affirmed/ and reckoned /acted/ upon with assurance, that the objects pursued through life, will be the objects indicated by the dictates of general interest through the whole of life: and in a word that the objects pursued in conjunction through a course of ages will be the objects indicated by the dictates of the predominant interest to /by/ the action of which they are brought upon during that space of time.
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Title: [28 April 1808 §.7. I. Reasons]Description: 28 April 1808 §.7. I. Reasons for the Work §.7. But though in the early ages of society, legislation not being as yet applicable, judicature for the maintenance of internal security was the only instrument, yet when compared with legislation, and considered as a substitute, it was a most wretched makeshift. 1. Not a step could it make in its progress over the field of law without acting upon the principle of that species of law which when established by the legitimate and avowed legislator, is become a proverb of injustice, viz. an ex post facto law: obligations imposed, and to any degree of burthensomeness, the burthen of satisfaction under all its modifications, the burthen of punishment under all imaginable modifications, and always without warning: vexation inflicted on men in all imaginable shapes, men vexed and tormented, for non-compliance with acts of will which, so far from having been made known to them, had never been so much as formed in the breasts of the despots by whom they were thus carried into effect. 2. Not only were blows thus employed to produce the effect of words, men being thus governed, at first, as dogs must be from first to last, but whether, in respect of saving men from future blows on the like occasion, the blow should after all have the effect and perform the office which under a government of real law is performed by words, depended the performance of a function upon incidents having no necessary connection with the exercise of judicial authority, and the execution of which Judges leave to the last, frequently for obvious reasons, been more sollicitous to obstruct than to promote. viz. minuting down the histories of the several particular decisions carrying them to publication, abstracting from these particular decisions, as if in the way of distillation, sets of general rules, with a view of their having, though without the name, the effect of laws, and giving publication to those spurious laws thus stolen upon the people under a false name.
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Title: [23 Mar. 1805 Evidence Securities]Description: 23 Mar. 1805 Evidence Securities Ch. Procedure Technical Let even Be the degree of ability /power of persistence/ on the part of the defendant be ever so sufficient, if through timidity or indolence the resolution /determination/ be wanting, and that determination be known, the victory /the jus nocende[?]/ to the oppressor in the character of plaintiff is equally /still alike/ secure. In the character /station/ of defendant, exactly the same oppression, exactly the same effect, may with equal certainty be produced by almost exactly the same means. Secure against assistance on the part of the destined victim, a man /the oppressor/ in this case has but to inflict in the his own hand the [...?] injury, instead of employing in the character of plaintiff, as he would have to do, the hand of law. To this plan of intentional injury grounded in the assurance /thus derived[?] eventual/ of essential /impregnable/ defence, the actual assumption of the character of defendant is not by any means necessary. The assumption of this character depends so [...?] evident /in the first instance/ not upon a man's own act but upon the act of another man in the character of plaintiff. Where Titius[?] has commenced the suit, then and not less it sits with /the option devolves on/ Sempronius whether or not to defend it. The success of the plan is alike decided, whether the victim, impressed[?] from the first with the fruitlessness or ineligibility of resistance[?], abstains from ever be assuming the character of plaintiff, or whether, actuated by the same /like/ considerations, he abandons it sooner or later after having taken it up.
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