JB/078/191/001

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1826. Novr 30.
Review of
J. B. v. Sugden
6

There any such conflict has place whereabouts
is certainty? Between the two conflicting
guides, the Judge is at full liberty to follow whichever
of them he pleases: whichever of them is most conformable
to his particular and sinister interest
in the business, if he has any, or to his caprice,
taste or fancy, if he has none. Suppose men all
direct regard for universal interest out of the question,
that interest being either neutral or not
consulted: remains, for sole guide, the aggregate
of devisions regarded as analogous. Suppose now
one decision as analogous to the individual
case in question, as a decision can easily be:
this one decision, if followed, will it insure certainty?
No such thing; for, anterior to this decision, has
been a decision on a case as near to it as possible,
and acting operating in a direction exactly opposite:
and, with decisions thus repugnant to each other,
the whole field of Judge-made law is strewed over;
not to say covered.

Now there as to this matter how stands the
case with Statute Law? In regard to Statute Law,
the rule is simple: between statute and statute
repugnance, be it even so direct, creates no difficulty;
the last statute determines the decision:
all preceding ones repugnant to it are as if they
had never been. Since it is that What it is impossible, is that whether
between two statutes of different dates repugnance
altogether irreconcilable has place, may
be matter of more or less doubt and difficulty.
But this case is a comparatively rare one: and would
be still more rare if that were done which
Mr Sugden is so anxiously contending against,
viz the reducing of all enactments into one consistent,
or at least endeavours to be made
consistent, Code —

All

Identifier: | JB/078/191/001 "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	191	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	C6
Penner		Watermarks	J WHATMAN TURKEY MILL 1826
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	25282
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