JB/052/007/001

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Procedure—Ends

21st Novr 1802

7. apparent

been treated as innocent and as such acquitted
he has accordingly been innocent in reality and
that the decision though apparently unconformable
to the disposition of the substantive law was in
reality conformable to it—that the decision though
not conformable to apparent justice was unconformable
to real justice. The argument thus
supposed would very seldom indeed be found
conformable to the fact but what is material
to the present purpose even though it were
conformable to the fact it would not be sufficient
for the justification of the system of procedure
in which the contrariety in question were
manifested. That a system of procedure be good—
that it be well adapted to its proper end it
is not sufficient that the decisions rendered in
virtue of it be conformable to real justice
it is necessary that they be conformable to
apparent justice the truth that the real and the
apparent coincide thus is then to produce real
justice the only true way is to produce that
which shall in the eye of public opinion
be apparent justice (but if it were possible that to
keep in the tract of apparent justice it were
necessary to swerve from the tract of real
justice it is the tract of real justice and not
apparent justice that upon the principle of
utility ought to be furnished. In
point of utility apparent justice is every thing
real justice suppose it abstractedly from apparent justice is
a useless abstraction not worth pursuing & supposing it contrary
to apparent justice such as ought not to be preserved

Identifier: | JB/052/007/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1802-11-21	Marginal Summary Numbering
Box	052	Main Headings	procedure code
Folio number	007	Info in main headings field	procedure - ends
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16680
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