20 August 1804

Procedure

Introd. Jurisprudential

Ch. 2. Sources

''. 2. II. Dicta

7. Dicta saying[?] of Judges. There are so many portions of spirit, ready distilled, and by the learned operator, from the work rule, framed in the form of general propositions out of the particular decisions, that have been or are supposed to have been pronounced: portions of spirit, ready distilled, and by the licenced operator, from the wash.

Here again the same species of inquiry present themselves as int he case of the particular decision: antiquity or modernity of the time, goodness of the times, character of the Judge, behaviour of the Reporter, of but one, characters of the respective reporters if more than one.

The dictum, in any /each/ given instance, has it or has it not any specific ground - any particular assignable decision or decisions to rest upon? If it has, then comes the question as to the validity of the ground - as to the legitimacy of the informer as to the sufficiency of the particular decision to support the general conclusion thus drawn from it. In this single topic as may in /may be seen/ matter for debate, cause for uncertainty, without end. A dictum will stand clearer of dispute where the decisions it were drawn from use unassigned dicta and unfindable, than when the they are assigned and [...?]. Where its title to confidence is least clear, it will have /be apt enough to possess/ the best chance for confidence. A dictum is never so strong, as when it has not ground to stand upon. /nothing to stand upon itself./ Reasons may gain the appearance of strength, but they give real weakness. This is no secret to a prudent Judge.

In genuine law, statutory law, that is a good law for which good reasons can be given, and those sufficient ones; that a bad law for which no reasons can be given that are good, or none that are sufficient.