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1825. March 28
Procedure Code.
When having nothing to gain by deviation from
any of the ends of justice nothing to by from misdecision
delay vexation and expense, and at the same time
every thing to so suffer from for it at the hands of law the legal
and public opinion tribunals with the light of publicity
shining in full splendour upon his every word and
action, it were strange indeed if more were not done
by the Judge to wards lessening the evils opposite to the ends
of justice than if motives for the endeavour to lessen
them were altogether wanting: still stranger if more
were not done by him, than can reasonably be expected
to be done by Judges whose interest to whom this it being
for such their predecessors have made it to maximize the maximization of
the mass of those same evils it be to has of course
been a constant object of endeavour the end man in view
of all their operations
In this case Thus circumstanced under the English system have been
the whole hierarchy of the Judges of the higher order. Subject
only to here and there a slight and narrow amendment
at the hands of the acknowledged Legislators of which they
were all along themselves the oracles, the system of
procedure all along been under their direction in
the double capacity ofeffec Judges and effective Legislators
and Judges: Judges applying the law, that very
law which on pretence of declaring it for this is the cant word their predecessors and they themselves have all along used: declaring
that to have existence of that which even in and by this very declaration
is declared not to have been made by anybody. Not by the Legislature – true – and thus much must be allowed though it is they who say it. But, according to them neither is it by themselves that it was is or has been made. But if not themselves by whom else can it have been made?
Identifier: | JB/052/435/001 "JB/" can not be assigned to a declared number type with value 52.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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17108 |
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