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PROCEDURE. LAW X FACT.
In the Issue of every Trial, two Rules Questions may be conceived
to be involved, decided by 2 respective Rules: the
one a particular one, the other a general.
Let the Trial be for Theft: one question is, whether
the accused has done with that wherewith
he is charged: this is a particular one; for it
concerns him only -
Another question is, whether that with which he is
charged amounts to Theft: & this is a general
one: for it concerns not him only, but every one
whoso else doth that thing, his fate shall be the same shall suffer (supposing
the Punishment for Theft be fixed) suffer in the same
manner
Observe we, how happily this is contrived
He whose appointment is not fortuitous, nor
sudden, nor& who is irrecusable, it is he who con makes
but the General Rule: a Rule which is the same toy <add>&</add> one, & to all: which is adverse
this day to his Enemies, to his Friends, the
next.
To Of him whose appointment is fortuitous, & sudden,
who in some instances is recusable, (better
it were in all) it belongs to pronounce the particular
rule which shall bedecides the fate of such to one only.
Error in Judgment in the Judge does harm works iniquity injury to many: it is he
in whom it is principally guarded against by the
nature of the qualifications required of him
Error of Judgment in the Jurydoes have works iniquity<add>injury</add>
to one only: it is less guarded against in them.
Identifier: | JB/050/086/001 "JB/" can not be assigned to a declared number type with value 50.
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jeremy bentham |
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