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Inferenda. Construction
Written Law
Of all the precedents I know of upon vision, this
is one I would cherish. It exemplifies the true
method of applying the enjolance inspections of the Judges
It obstructs at once the particular mischief arising
from the oversights of the Legislator, and the
yet greater general mischiefs goingfrom unauthorized remedies
appliedadministered by the Judge.
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Unwritten
The deference that is done to the determinations of
former judgments is due not to their wisdom, but
to their authority: not in complement to them, dead men's
their vanity of the
soulbut
in concern for the feeble welfare of the living.
That men may be enabled to predict the legal con-
sequences of an act before they do it: that feasibleex-
pectation may know what course it has to take:
that he who has
may long
to have it stale:
that he who indi-
-cates guilt may
look for punishment
and in their self-same
guilt, for that
punishment.
The Judges for the time being have reasons to sup-
pose their fine deceptions Cots coise than themselves:
they have none none have theyto suppose them wiser.
The mason that pleadsfor the uniformity of de-
cisions, is the same that pleads with equal force for the theirnotions
of them. Why should
If by chance, or because every body lead but upon it
before him, our Chatterstumbles upon a right
of argument, it would be strange if he realised a right
reason. [for it.]
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Why should decisions be uniform? why should succeed-
-ing ones be such as to appear the natural + expected consequences
of their preceding them?
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Construction 5
Identifier: | JB/028/021/001 "JB/" can not be assigned to a declared number type with value 28.
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not numbered |
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028 |
comment on the commentaries |
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021 |
construction |
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001 |
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text sheet |
4 |
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recto |
f5 / b6 / f7 / b8 |
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jeremy bentham |
[[watermarks::gr [crown motif] propatria [britannia motif]]] |
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9286 |
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