JB/028/140/003

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11)

Common Law. Judicial Decisions.

the same sort of reason there is for adhering to
the last determination, there is also for departing from
it. These equal opposite reasons leave the scale in equilibrio.
He is at liberty to resort to the dictates
of original utility for arguments to turn it.

[Original Utility –] Had our author again instead of reason
said utility, he would have said something. He would
have referred us for a foundation for our judgement, to
something distinct from what that judgment [is] itself. He would
have referred us to calculation founded upon matter of
fact: future contingent [problematical] utility founded
upon past utility experienced. How have stood the funds stocks of
Pain and Pleasure upon such a disposition of things
as the determination in question is calculated to bring
on? This is the question, stated indeed in the most general and
comprehensive terms, which a Judge ought to put to
him upon the occasion of every fresh case. The
answer it can not be expected should be given here.
To give the answer would be at once to delineate the whole
scheme of what ought to be the Common Law. Let
it suffice just to hint, that the answer ought to be the
summing up the several pains and pleasures that
are certain or probable to happen upon each side of the
alternative that is proposed.

But hist! [there is] another exception yet our author has
given us, in which a prudent determination are not
to be adher'd to; and that is when they if it be contrary
to the divine Law. "Much more" adds says our Author

Identifier: | JB/028/140/003 "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	003	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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