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which he is thus undermining appear ever so clear,
where can anger or censure find a spot to
fix upon? The worst that can be said of him censure can dare to say of him
is that his sagacity has been made composed upon a dupe
to his benevolence.
But summum jus, says the maxim may But there are cases, says the maxim where summum
jus would be summa injuria. Where the Law is rendered rigorous by its improvidence, this is not the proper remedy. Doubtless:
under the best system that can be
be such cases will hardly be wanting:
and under the best systems ex in force they
are abundant. What follows? That the Judge
ought to have the power of altering the law
in a dark way under pretence of accommodation?
No: but that he should have
the power of suspending the effect of the law
in that individual instance untill the general for the moment
provision for a while referring the al alteration decision
to the legislator who alone is competent to
make it. Such accordingly is the provision
I have made in a preceding title.
Identifier: | JB/051/220/003 "JB/" can not be assigned to a declared number type with value 51.
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not numbered |
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051 |
evidence; procedure code |
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220 |
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003 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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16385 |
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