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1820. Nov 30.
Review of
J.B. v. Sugden
(2)
Now then as to conduciveness to the greatest happiness
of the greatest number. In Legislator's law,
so on this occasion termed for the purpose of contrasting
it with judge made law,- legislator's law, commonly
called Statute Law, has for it's authors, who?
Being Statute Law. it is the result of the will of
a single person, agreeing with that of two bodies,
in the composition of one of which the gre even,
drawn from the great body of the people, have some
share: and judge made Law, by whom is it made?
Answer - made by a set of men, in the composition
of which there is not so much as one man in the
placing of whom men drawn from the great body
of the people, have had any share. Among the makers
of Legislator made law, there being some who, for
their situation are dependent on the people, there
will be some who will see it to be their interest
to appear to advocate the cause of the people, and
to that end will, to a certain extent, accordingly
actually advocate the cause of the people. Among
the judges, there never is so much as a single man
so circumstanced: the consequence is that, in that
situation, men will do what in every situation
men do, with exceptions too few and too casual to
be ever taken into account and relied on, pursue
each man his own particular interest, with
little or no regard to any other interest, and in such
sort as wheresoever competition has place, to
the sacrifice of every other interest. But, in the
existing state of things, as Judges are at present paid,
by payment in possession and under the existing form
of government can not but be lacking to be eventually
further rewarded by payment as yet in expectancy a
competition between each judge's particular interest
and
Identifier: | JB/078/187/001 "JB/" can not be assigned to a declared number type with value 78.
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1826-11-30 |
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078 |
Review of Humphreys |
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187 |
Review of JB v. Sugden |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
C2 |
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25278 |
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