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1821. May 5.
First Lines
Divisions
Of the manner in which this wretched substitute to real and genuine law is
formed, take this description. In the course of a suit in which
application is made of the rule of action thus composed, the judge, on
each occasion,
pretends to find ready made, and by competent
authority endured with the force of law, and at the same time
universally known to be so in existence, and so in force, a
proposition of a general aspect adopted to the purpose of affording
sufficient authority and warrant for the particular decision or order
which, on that individual occasion, he accordingly pronounces and
delivers.
Partly from the consideration of the general propositions so framed, as
above, by this or that judge or set of judges, partly from the
confederation of the individual instruments or documents expressive of such
individual decision or order as above, or framed in consequence of
and in alleged conformity thereto, partly from the consideration
of such
discourses as have been, or are supposed to have been, uttered
whether by the judge or by the advocates on one or both sides
, a class of
lawyers have, under the names of general
treatises or reports of particular cases conceived in the composition of an
immense and continually
encreasing
chaos — the whole of it written, and a
vast portion of it printed and published, constituting an ever
encreasing
body of that which, having law for its subject, may, in so
far with propriety be termed being not only written but
printed be termed with propriety written though in actual usage
it forms the matter which
passes under the denomination of unwritten law.
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