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.