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7 Jany 1807
Suppose then that the Judge after having heard
the substance of half a dozen of those general propositions
– call them for shortness reasons, or grounds and reasons –
from the plaintiff's advocate, and as many from the
defendant's should call out Judgment for the Plaintiff,
taking care not to say on which of the half dozen he
had taken upon himself to bestow his adoption, and with
it the force of a law.
Suppose now a digest maker, with all this mass
of argument including the half a dozen distinguishable
reasons, converted one of them by the Judge into a secret
rule in his hand, had to declare what in his opinion
the disposition of the law – of the sham-law thus made – is
was, upon this point: it is one the half dozen the reasons, the whole half dozen
of them, being all upon the list of candidates, he would
have his choice to make according to the best of his judgment,
with the chances 5 to 1 against his being right.
In respect On the ground of certainty, this is is the footing my Lord, on
which the ingenuity, supported by the power of Scotch
Judges, has succeeded in placing the rule of action –
reference being had, in the way of comparison, to what
has been the fortuitous result of the mere fluctuating scheme will of
English ones, of the less harmonized and less steady
determinations of English ones their brethren in England.
Identifier: | JB/091/159/001 "JB/" can not be assigned to a declared number type with value 91.
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1807-01-07 |
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091 |
scotch reform |
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159 |
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001 |
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1 |
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recto |
c6 |
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jeremy bentham |
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29155 |
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