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CERTAINTY. Prelude.
The grand purposes of the several Systems of Procedure adopted
in different countries are still the same
to bring down upon the guilty the suffering that is deemed competent, & to keep it off from the innocent. They all equally pursue, at least or profess to pursue, the
grand objects of attracting fastening upon Guilt & ...... discharging <add></add>
leaving untouched innocence, Celerity Speed is the great object of the Turkish polity. final Definition rectitude Justice tho' by [different ways] tracts paths which in
some places run separate diversely diverge, while in others they coincide.
The business is 1st to investigate inquire & if possible determine
from the known & general principles of human nature [& the
peculiar spirit of each different Jurisprudence] what
is that tract which at once leads most directly & most securely
to both those objects: that settled, we shall have
at once a standard that whereby the more of estimation from for each
& a measure of analogy from [Theatre of comparison] one to another.
a Test whereby the merit of each may be determined separately: & a common standard of comparison by their relation to which may be exhibited the resemblance of one of them to another.
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These are being the two grand ends which are pursued in
concurrence conjunction by every System
The means to those ends will thus be the several provision
& establishes ment which the several Systems include.
The cause is that circumstance, whereby a usage or establishment provision came to be established adopted )(
The Reason, is that, whereby it became fit to be established adopted
The reasons of each provision or establishment will
be those circumstances belonging to each provision or
establishment which indicate cause create it's subserviency to
those ends, one or other of them, or both.
If then we find any provision or establishment
the subserviency of which to these ends or
immediately can not be made out, we may pronounce
it that there is no reason for it to have no reason
If there is no reason for it, it is either needless or
pernicious.
to be alledged in it's behalf.
If upon supposing it's non-existence we see just the same probility furthering those ends as upon the supposition supposing of its existence
It must indeed at any rate be pernicious by
being needless: & this on two accounts: 1st for, that makes necessary to require a formality to be observed is to provide
that those thing where it is not observed, those things steps
by which advances are really made towards the ends in question,
shall not be taken: that is, that one or other
of those ends shall not be attained, at all which otherwise
might be attained, or shall not be attained so soon.
2dly For that the observing it is more or less a Burthen to the
which by the supposition is unnecessary to the obser
It is the more pernicious in this score: 1st with
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respect to the person obliged to observe it, by how much the as it is
burthensome to him: 2dly with respect to the persons
severally respective interested in the 2 ends being attained, as
the probability of his omitting to not observing it is the greater:
that is as the probability is greater of the attainment of the end in
question being prevented frustrated or retarded.
Exemplify some formality Constable shewing his Staff use crying both 3 times, as of some considerations to be attended to in &c
These general observations concerning touching the method of estimating
the expediency propriety of the several steps in the course of
procedure as they arise. we are next to proceed
to the consideration of them separately.+ + And they are to be arranged in Chronological order [as per another sheet] beginning from the offence, & ending at the Execution
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Identifier: | JB/050/042/001 "JB/" can not be assigned to a declared number type with value 50.
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procedure code |
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certainty prelude |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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