JB/028/140/001

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9)

Common Law. Judicial Decisions.

This exception we are to understand is

Yet this rule, and he says, admitts of exception, where the
former determination now is most evidently contrary
to reason; much more if it be contrary to the divine Law.
Now what is to be most evidently contrary to reason? when is
it that a determination is most evidently contrary to
reason? Let others answer as they please; for my part
I will speak plainly, and confess that with me to be
most evidently contrary to reason, is to be most evidently
contrary my reason; viz: to what I like. Perhaps I might go farther
and add, apprehending it at the same time to be contrary
to what would be liked by others, being in a situation to
apprehend be apprized of the circumstances that are in the case. But
the most prompt and perhaps the most usual translation
of the phrase "contrary to reason", is "contrary to what I
like. This rule then is the rule that which the our Author
has found to give a Judge to whom a preceding determination
is proposed. Follow it says he, unless it
is most evidently contrary to what you do not like. And
is this then the only general rule that can be given?
I much fear it is; at least no better has even been
given yet.

Our Author may perhaps demur to this, and say we have
done him an injustice. If so, I will beg him to consider
[a little] his rule a little further and think what other more precise construction he
can possibly put upon it. The prior determination
is to be most evidently contrary to reason. that is at To whose
reason? To every body's? No that can not be. For to the

Identifier: | JB/028/140/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	140	Info in main headings field	common law judicial decisions
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9405
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