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14 Feby 1808
In that Court of which though spoken of as but one Court,
incloses divers judicatories, he occupies a situation in
his sorts of judicatories a single-seated one and a
many seated one with no fewer than fifteen seats in it.
Single-seated judicatories that of the Lord Ordinary sitting
in the Outer House; that of do in the Bill Chamber
to which may be added the seldom occupied judicatory
of the Lord Ordinary are and witnesses.
Many-seated judicatory, the judicatory of the Inner
House.
In the single seated judicatory, if he if the mind were bound to
show itself give any of his mind itself, would stand exposed to
detection and reproach: but it does if for example
it were under an obligation of pronouncing the decision
vivâ voce to before a numerous and practised auditory, this
decision to be accompanied with the display of considerations which
in the character of reasons gave birth to it, and are
trusted to for its support.
But in the Court of a Lord Ordinary a man is
bound to give any such reasons; he is not bound to
pronounce any such decision: he is not bound to pronounce
any decision at all in any case in which thought is necessary:
and in the great bulk of causes much thought on the
part of a Judge is not necessary: witness the causes decided
under the English branch of the technical system without so
much as the pretence of thought.
Identifier: | JB/091/216/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-14 |
18-19 |
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091 |
scotch reform |
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216 |
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001 |
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text sheet |
1 |
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recto |
e10 |
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jeremy bentham |
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29212 |
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