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9 March 1807
Letter V
I. Shapes
1. Misdecision
3. Other examples are all denominations of contracts or[?] all denominations of offences: other terms of still more extensive import such as thing, to cause, to contribute as applied in another place +, for example, to delinquency, and co-delinquency, in the case of a result produced by punishable transgression.
4. So again a very short but most significant groupe of words which though terms of jurisprudence are at the same time among the words in most common use: obligation, right, power, liberty, privilege, exemption. These, as shewn in another place §, though, as not being any of them a species of any thing, they are not any of them susceptible of definition, in the sense commonly annexed to that term, are not the less susceptible of exposition, nor do they the less stand in need of it.
10. That though the operation indicated by the word legislation may not improperly be spoken of as being the subject of a particular art and science: yet the product of that operation, viz: law - a book of real law when once composed neither ought to be nor need be of such a nature as to require art or science for the comprehension of it: for that when framed as it might be and ought to be, on the part of each individual the means of his understanding in so far as, his mental faculties, natural and acquired, afford him the capacity of understanding it, will not be to be sought for any where out of itself.
Go on with jurisprudential law.
/ + [...?] I.917/
/ § Fragment on Government pp.│ │/
Go in with jurisprudential law.
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Title: [8 March 1807 Judicial Justice]Description: 8 March 1807 Judicial Justice Letter V I. Shapes? 1. Misdecision 1. Let the rule of action - the standard of rectitude be conceived to exist, throughout its whole extent, in the state of Statutory law. Being, throughout its whole extent, expressed by a determinate assemblage of words, the whole matter of law is now included in that mass of words: no question of law can be started, that does not turn upon the intention of the legislator, as deducible from some one or more articles in that collection of words. Of these words some will be words in general use, words in every mouth, and the import of which may and must thence be presumed to be in every head, and words in particular or special use. These words may be called technical or scientific terms; terms the use, or at least the constant use of which is confined to persons occupied in the exercise or study of some particular profession, art or science. These scientific terms will be either non-jurisprudential or jurisprudential. In regard to non-jurisprudential terms, the import of them ( scientific list, to match with a useful distinction in regard to evidence - scientific evidence, unless in so far as it may have been thought fit to consign an explanation of them to the statute book itself) will upon every occasion be to be sought from the testimony of persons conversant in the particular course of action - profession or other profit-seeking occupation - art or science: these will form no part of the matter of law.
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Title: [1 March 1807 Judicial Justice]Description: 1 March 1807 Judicial Justice Letter V I. Shapes After a few intermediate explanations proceed thus. Shew moreover how want of uniformity when in so far as clear of the above evils is no evil. Borough English [...?] no evils, d o difference between English & Scotch Law. Thus it is, that if non-notoriety of the law were no evil, uncertainty of the law would be no evil, and if non-notoriety and uncertainty of the law were no evils want of uniformity between one judicial decision and another on the part of the same Court or on the part of different courts would be no evil. An advantage far superior to that of uniformity of decision, the operation far superior in importance to that of securing uniformity between decision and decision, is that of giving to the rule of action whatever certainty and whatever notoriety it is susceptible of. But to be generally known, the rule of action must in the first place be certain and determinate. It must have been consigned to a determinate assemblage of words, recognized as constituting the expression of it: in a word it must present itself to the people in the form of statutory, not jurisprudential law: in the form of real not of imaginary law.
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Title: [15 Jan y 1806 Though the importance]Description: 15 Jan y 1806 Though the importance of this uniformity is the same in every /both/ case the difficulty of attaining /securing/ it is widely different according as it is in the shape of statutory or in that of jurisprudential law that the rule of action on the subject in question presents itself. (When it is in the shape of statutory law) Suppose the rule of action throughout in the shape of statutory law, the question of law would in every /each/ instance stand on no other ground than that of the sense proper to be put upon the article of /words of the/ law in question, compared with the words of the several /as many/ other articles in the /if any/ body of law, if any, that happened to bear reference to /in/ the same point. In this case the terms of the rule of action the words of it being given, open alike to all eyes, all eyes without any /with little/ other difference than that between the strength natural and acquired /by exercise by[?]/ of an understanding compared with that of another - how, if there were any difficulty, at any rate there would not be any legal difficulty. If, as here and there would be the case, there were any demand for science[?] - appropriate science, at any rate it would not be legal science.
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