3 July 1805

Evidence

Introd. Jurisprudential

Ch. 3. Sources

''. 2. Dicta

II. Second of the sources or materials of Jurisprudential law, jurisprudential Dicta.

Of a general proposition, delivered from a set of particular ones, this much may easily be conceived in a general way, that it may be of any given extent. It may be so short and narrow as to be capable of holding not even those the two particular propositions containing the least quantity of matter which it is possible for it to hold. viz: the anterior decision and the proposed future decision for the warranting of which it is framed. It may on the other hand be ample: and that to any degree of amplitude which the judge find it agreeable or convenient to give to it.

Scanty /Narrow/ or ample, in as far as it makes law as it goes towards composing the existing body of jurisprudential law it has exactly the same effect as an article of statute law, would have if delivered in same terms, would have: it has either this effect or none: those elements, of this nature and as other is that aggregate rule of action, such as it is, which goes by the name of jurisprudence in English or common law ultimately composed.

A rule of this sort once recognised or law serves if it is evident for the establishment not only of the individual decision for the purpose of which it was [...?] framed, but of all succeeding decisions that can be included in it. In the framing of any just dictum, a provident Judge will accordingly take care to make it wide enough: wide enough to include not only that particular decision, but all such other decisions, the occasion /demand/ for which, are the [...?] of any particular [...?] may be forseen by laws as likely to arise present itself.