JB/078/190/001

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1826. Novr 30.
Review of
J. B. v. Sugden.
(5.)

Now as to certainty: that it is to say, conduciveness to greatest happiness in a less immediate way by the removal of uncertainty and thence disappointment, and thence the sensation of loss, and the pain of mind, which, in a magnitude proportioned to the estimated value of the benefit lost, relation had to the circumstances of the loser, it never fails to produce. But here a consideration
intervenes. Scarcely can they be considered a
part — certainty and notoriety: for, only in so far as
notoriety has place, is what is commonly meant by certainty of any use. Over the
whole field, suppose the decisions of the Judges ever
so certain, insomuch that the Judges and but they alone,
know universally what they are, how can any man
but the Judges regulate his conduct by any one of
them those same laws, not knowing what it is? Not but that, on
conversely the other hand, only in proportion as certainty has
place, can notoriety have place. And suppose nothing
certain, nothing can be known to every any body:
But to begin with certainty, that is to say, known fixedness on the part of rules already laid down, and assurance of right conjecture on the part of such the application for which is from time to time called for by such suits or say demands as from time to time come to be addressed to the respective Judicatories Small as is the regard that
will be paid by these Judges to the Universal interest
when it comes, or is regarded as coming in competition
with their own particular and sinister
interest, still, when this last interest is out of the
question, more or less regard will be paid, were it
only for reputation sake to what presents itself to
their view as being most likely to be thought to be
and thence to what actually is, the universal
interest. At the same time, what on each occasion,
they profess to be guided by, and in a more
or less considerable degree are influenced by and
expected to be guided by, is the general course or current
of anterior decisions regarded as analogous. But,
throughout the whole texture of the piece-work, composed
of these same decisions, will be seen decisions
conflicting with and irreconcilable to each other, or
to the decision pointed out by regard to Universal interest,
as above, or to both.

(2.)
In this case, on the occasion of the several discussions carried on the words employed as representatives of
rules deduced from the greatest happiness principle are right reason,
justice, equity, natural justice, natural equity, and
the like.

Identifier: | JB/078/190/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-30	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	190	Info in main headings field	Review of JB v. Sugden
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C5
Penner		Watermarks	J WHATMAN TURKEY MILL 1826
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	25281
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