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11 Apr. 1803
Procedure & Evidence
Second and last inconvenience of the 3d order – Precipitation.
II. Precipitation. In its conception it is the converse – the
opposite of delay: but nothing can be less analogous in
its effects nothing can be less analogous the analogy
is very far from being regular.
Precipitation consists in pronouncing to
By precipitation is to be understood on the present
The persons whose acts is are on the present occasion
considered as precipitate as marked with precipitation
is the Judge are the legislator and the Judge. It consists in the doi exercising in any stage of the cause performance of
a judicial act, (in which is implied the formation of
the decision – the mental determination which gave birth
to it –) without taking into consideration all the several
matters – the several facts of all kinds –matters of fact
of all kinds the consideration of which, was necessary to
in the case of the decision in question, was necessary to
the formation of a sufficient ground for it.
Time as well as place A portion of time as well as of space being requisite for to the existence of all matters of
fact – time⊞ ⊞ in a portion of some length or other being requisite to the generation reception placing for the comprehension of all events, event instantaneous
ones – time in different portions portions of different lengths being requisite for
to the existence of all continued states of things – by not to
allow the portion of time necessary to the existence of this
or that matter of fact this or that lot of information considered in its capacity of serving
to constitute the ground of a decision, is to exita in
effect to shut the ear of the Judge door of justice against the lot of information
in question, in effect.
Identifier: | JB/058/131/001 "JB/" can not be assigned to a declared number type with value 58.
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27-28 |
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evidence |
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131 |
procedure & evidence |
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jeremy bentham |
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