1822 Nov. 5 Tripoli. Securities against Misrule. 3o Preliminary Explanations

?. Remedy Publicity 2. Operations 1. Ordinances 2. Sanctionment

Thus far, /now as to Enactment/ Ordinances, such as the nature of the case

requires /appropriate and adequate to the exigency/ - have been supposed to be

already in existence. If so it be well. But suppose the state of things to be in

the contrary case? what is then to be done

Case 1. In relation to the matter in question no Ordinance of the above

description in existence. But on the occasion of judicial decisions, the

standard of reference composed of anterior decisions, or inferences deduced from

them.

In the European Governments, with the exception of the few instances if any in

which /small extent to which in general/ Codification has had place such is the

state of the rule of action, under the dominion /where the rule of action is in

the state/ of what is called Common Law or Unwritten law. On most parts of the

field of law a quantity of matter has been written - written by men not invested

nor so much as pretending to be invested with the power of legislation

/legislative authority/: and out of this huge and shapeless mass of writing the

Judge on each occasion makes choice of such portion /portions/ as appear to him

best adapted to his purpose: to the purpose which is most agreable to him,

whatever it may happen to be. In this state of things Singularly unfortunate, if

not unskilful must that Judge be who out of so rich a [...?], fails on any

occasion to find that which is most agreable to his wishes whatsoever they may

happen to be: to his wishes, guided as they can not but be by what at the moment

he looks upon as being his interest.