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1829 April 23
PetitionsSupplement
§. 2. Elucidation
Justice of Peace Courts Summarily-proceeding Courts,
single seated and many seated: in both cases the procedure
apt, that is to say reference made to the ends of justice
main ends, execution and effect to the correspondent portion of substantive branch of the
law to the exclusion of misdecision and non-decision when decision
is due: collateral and minimization of delay, expence and
vexation. At the same time, the appropriate part of the
official establishment that is to say the corresponding part of the
judicial establishment employed in giving execution and effect
to the law being though composed of the same materials, that
is to say of the same individuals concept. Question Those two propositions
seeming they in contradiction to each other how is it that they are both true? Answer. Though
the terms apt and unapt are not in either case employed
otherwise than in a sense properly belonging to them, Yet
the subject matter of reference being in some measure different
in the two cases, hence arises an ambiguity for the
removal of which some explanation is necessary.
In both cases the procedure part of the practice is apt
with reference to the ends of justice all of them and in particular
to the giving execution and effect to that part of which it applies is the substantive
branch of law.
So likewise In both cases the official establishment part of the
practice is apt with reference to those same ends and in
particular to the giving execution and effect to that part
which it applies to of the substantive branch of the law.
The If in proportion as the substantive
Relation had in any to the maximum of public happiness, the
aptitude of the adjective branch of law will depend upon that of the correspondent
in whatsoever degree the portion of the Relation the substantive branch with relation
to that same object. 1. Case the first Relation had to its immediate object – namely the maximization of the aggregate of happiness. Suppose the aptitude of the substantive
branch with reference to its object at a maximum: in this case
if the of the adjective branch the aptitude with relation to its immediate
object that is to say its giving execution and effect to the substantive
is at its maximum
so will it be with relation
to its ultimate object
that is to say that which
is the immediate object of
the substantive branch, namely as above the maximization of the aggregate of happiness.
Identifier: | JB/023/005/002 "JB/" can not be assigned to a declared number type with value 23.
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1-11, 1-8 |
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023 |
constitutional code |
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005 |
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002 |
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marginal summary sheet |
1 |
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recto |
c3 / d4 / f5 |
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john flowerdew colls |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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7876 |
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