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13
even of the
cases.
Whether a course shall require a longer or a
shorter time depends not on upon the any general
denomination or class of causes it can be ranked
under so much as the particular circumstances
were even the classes as well & naturally
composed as under
the English law they are
otherwise
of the case: all that can be said in this respect
of this or that such or such a class, is that a cause belonging
to that class is more or less likely to take up
much or little time than a cause belonging
to such or such another.
14
A cause that might
be carried on primarily
in a lower
court might a fortiori
in a higher
If a cause can, consistently with the
purposes of justice be carried on in a summary
way in a lower Court, much more might
it in a higher; where the Judge is by the supposition
the Judge is more trustworthy and
where in whose hands any extraordinary powers if extraordinary
powers were necessary might be lodged
with less danger
15
In the English Law
the least trustworthy
courts have been entrusted
with the greatest most
arbitrary powers
To In the English legislation, the cases Court
in to which summary powers have been entrusted are
those which besides being of the lowest order have
are entrusted with the narrowest jurisdiction, and
therefore have the least to do: those to which it has
been refused are those which besides being of the
highest order have the widest jurisdiction, and thereby
the most to do: so that and the more business they
have to go through the longer they have been obliged
to be about it.
Identifier: | JB/057/007/001 "JB/" can not be assigned to a declared number type with value 57.
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057 |
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007 |
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text sheet |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with crown motif]]] |
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18337 |
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