1821. May 5th.

First Lines

Divisions

Of the whole body of the law or rule of action capable of having force in any country, one preeminently remarkable division, derived from a correspondently remarkable source and pervading the whole mass, still remains. It is that by which it is distinguished into two branches - the arrangements of one of which are arrangements that have really been made - made by the hands universally acknowledged as duly authorized and competent to the making of such arrangements, viz. the hands of the Legislator General or set of Legislators General, or their respective subordinates. This branch of law may be /stand/ distinguished from that which is correspondent and opposite to it by the name of real law, really-existing law, legislator-made law: it stands in English under the English government it stands already distinguished by the name of statute law, as also by the unchacteristic undiscriminate and in so far improper appellation of written law: the arrangements supposed to be made by the other of them, being in so far as they are arrangements of a general nature applying not only to individuals assignable but to the community at lareg, or to individuals not individually assignable, being /may be /stand// distinguished by the appelations of unreal, not really-existing, imaginary, fictitious, spurious, judge-made law, in /In/ English under the English government it stands already /actually/ distinguished by the unexpressive uncharacteristic and unappropriate names of common law and unwritten law.

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