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Ch.
(6) (3) (6 §.
1
Anglicé
But is the practice of misdecision another interest
they have which though not so manifest is much more
extensive in its application and operation than
that just mentioned. This is the effect of misdecision on
the production of uncertainty. It is in to the uncertainty
that they depend in great encrease for the whole assemblage of their
insincere their male fides customers [so far as
regard the question of law] Were the state of the law
known to all, none are unless on the ground of knowingly
false evidence would venture to institute an illegal claim
or defend himself against a legal one. But having so
arranged matters that when he who is rich enough to pay
the price is sure of success against all those whose pecuniary
means are to a certain degree inferior to his own, the greater
the number of chances of success, which by the law of their own creation they have given to those
against whom in whose disfavour the substantive branch of the law has
expressed expresses itself or has been is thought to express itself, they
the greater the encouragement for them to engage in a
groundless and unjust pursuit or a groundless and
unjust defence as the case may be.
2 Medicine for
encrease of uncertainty
This policy of theirs has been betrayed as it has betrayed itself by an expression
which could not be prevented from giving into
this is that in which the ground mode of claim have
been distinguished into modes his modes decision according
to the morals and decision not according to the morals.
Now as to this law, the expression casts
then upon the morals may serve for indication
of all the cases in which either for an individual transfer
in the shape of corruption to the individual Judge then or
for the aggregate benefit of the profession, misdecision has been exemplified.
[+]
[+] injustice, knowingly
and wilfully committed
Decision otherwise than on
the ground of the morals, is
in other words decision on technical grounds. The decision on technical grounds will, so long as it remains, remain a permanent and unexhaustable spring of [+]1
[+]1 safely commissable and committed
injustice for the technical rule being
palpably repugnant to injustice, it
Judge at all times has his functions
the three. [+]2
[+]2 practice adhering to the unjust rule
and so of favouring the
one side, or departing from the rule
and so favouring the other
Identifier: | JB/052/437/001 "JB/" can not be assigned to a declared number type with value 52.
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1825-03-28 |
not numbered |
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052 |
procedure code |
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437 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
c3 / e6 |
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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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17110 |
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