JB/047/414/001

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10 Mar 1803
Evidence

In those days a varnish of latinity served instead of rust to pass off a new
By a rule for an old one. By a fundamental
mental and by this time firmly settled fiction, there
was to be no such thing in law as a new case. Every new
case decision was to be taken for an old one. Each new decision
as it came to be pronounced was to be deemed and taken to have been
pronounced already. The legal cosmogony had taken one
of the physical systems of cosmogony for its archetype.
The phys world (the physical world I mean) began by
an egg; laid by an unknown bird in some unknown
time: in that egg was in the germ – in contained the germ of all things
and all events that are ever to make their appearance.
At this same time was brought into existing the system of English
jurisprudence, perfect in all its parts. As to The decisions
of which it consists are the decisions past present
and future to the end of time, were at that auspicious
period formed all at once: nothing what remains to be done
on each occasion is to find out what they are. All
interests all propensities concurred in giving currency
to that universal fundamental and not altogether inexercisable impositiion.
To pass for old it was necessary that each
new decision should be made as like to the old as possible,
and that the likeness should be doubled
if, identity was to be assumed. At the bottom of the
imposture remained after all, the golden rule Stare
decisis – abide by existing decisions – the basis of good
judicature. It The light of reason and utility being
in those days alike inaccessible to all parties – lawyers
and suitors, the light of analogy, well or ill pursued, was the
most advantageous, and indeed excepted
the only substitute. To lawyers is saved lessened the to a
considerable

Identifier: | JB/047/414/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1813-03-10	Marginal Summary Numbering	2
Box	047	Main Headings	evidence
Folio number	414	Info in main headings field	evidence essay on jurisprudential
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	john herbert koe	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	15282
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