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Appeal VI Quot Committee
In vain will would the Committee deny this
the name of a Court of Appeal to their Supreme
Court of Revision the name of a Court of Appeal.
In vain would they maintain, that the
Revision they mean is no appeal. I acknowledge
that) It is not so to any one good purpose:
so far so much I agree with them: but it is so
to every bad one. It cannot do any of the good
that may be done by a Court of Appeal: but it
may do all the mischief: and mischief is what
it must do as often as it does any thing. It can
not substitute an unjust a just a fit decree to an unjust one: unfit one
it can not so much as annul an unfit one decree
on account on the ground because of its unfitness for being an unfit
one: if it destroys an unfit unjust decree it can only
be for the breach of some rules which ought never to
have been made: and in this way it is just as
capable of destroying a just and fit one. It is
more as likely the a decree which it has destroyd
should have been a just than as an unjust one: it
is more much more likely. It is almost certain:
for a man will not ground his objections to a decree
on the ground of form, when he has merits upon which to rest
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jeremy bentham |
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