JB/078/198/001

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1826. Decr 4.
Review of Sugden.
1.

Now as to authority. Under Statute Law, this
is altogether out of the question: no difference between
Statute and Statute: no difference between
Parliament and Parliament: no difference as between
Parliament and Judiciary: every thing authority is as
firm as a each. Between one authority and another,
i.e. between the authority of Parliament and the authority
of the Judiciary, no indeterminate and questionable gradation.

Now how stands the matter in common
alias Judge-made Law. Here every thing is at sea.
In the case of each report, degree of authority doubly in
question of the three states abovementinoed the publishing
bookseller is the only one the authority of which
is not exposed to dispute. Between Judge and Judge,
the perfect correctness of the Report being in each
case assumed, and in each case without evidence,
gradations grades of authority multiplied upon an infinite
scale, and in every part of the scale open to dispute. The situation of the Judge in the scale being assumed unquestionable, the authority . Of the Reporter, the authority in the same case
susceptible of the same diversifications. Open the books,
you will find the report of this or that Reporter being
mentioned and offered to be quoted, you will find, on
no other ground than that of its coming from that
same Reporter, a deaf ear turned to it by this or that
Judge. Here you will find a Report Book, consisting
of a number of volumes: some of the volumes
you will find this or that Judge suffer to ;
others not. In from two to half a dozen different
Report Books, of one and the same case one
account given by Reporters more than one: an account
essentially different by other Reporters more
than one: when this is the case, the question as between
authority and authority is inevitable. The
Judge is now upon velvet; an eulogistic word
pronounced in favour of one Reporter; or a dyslogistic
word in disfavor of another decides the business This

Identifier: | JB/078/198/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-12-04	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	198	Info in main headings field	Review of Sugden
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25289
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